• Suggestios Fast track judgement

I am 33 years old married(house wife) have a daughter 6 yearsmarried 10 years ago to a government employee. I found him having external affair with his colleague and I confronted him regarding same infront of lok adalat and he gave assurance in written form of being loyal to me ,2 years ago. After 4 months he used domestic violence and try to kill me. I reported to women police station and he was taken to 14 day remand. After bailed out he counter case me for manhandling and theft in house. My father in law is income tax officer and brother in law is vigilance officer used to raid my family offices ,properties and filed false complaints. I filed cases of domestic violence,attempt to murder in civil court and approached family court for maintenance. Its been 1 year, case going hearing after hearing with no settlement .judge gave intrim order , 5000rs/month towards maintenance of child. How can I fast forward case for final judgement. He is getting net salary of RS 58000/- and having own flat
In maintenance from last 6month they are crossing examine me only plz suggest me how can I gt intrim maintenance and shelter from any higher authorities 
 Cases filed: 
1. lok adalat u/ section 19
2. sec 498-A,307 IPC & SEC 3&4 DP act
Cases against:
sections 379,409 IPC& SEC 156(3) 
323,506 r/w 34 IPC &155(2)

 Please give me suggestions.
Asked 7 years ago in Civil Law

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9 Answers

1. As per the recent SC decision your husband is bound to apr with at least 25% of his income towards the maintenance.

2. So challenge this order of maintenance beofre higher court. it would surely be increased.

3. For filing false complaint against you include the name of your in laws if you have not in the 498A cases.

4. In no way you would get more than 25% of income of your husband.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

1)file application for maintenance under section 125 cr pc

2) since amount of maintenance awarded by court of Rs 5000 is very low file an appeal and seek enhanced maintenance

3) also in DV case seek injunction restraining husband from selling his flat

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

you will not get 50 per cent of husband salary as maintenance . you will get only 30 per cent of his salary as maintenance

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Since your husband is Government Employee and his present salary is Rs.58,000/-you will get minimum 1/5 of amount of salary. As already interim maintenance was granted by the honorable family court, you have seek disposal of main case for settlement of final maintenance. It seems they are deliberately dragging the matter at the stage of your cross examination in maintenance case, as such you how to approach Honorable High Court at Hyderabad for enhancement of maintenance. You are also entitled for legal expenses for litigation pendentilite. For shelter or alternate accommodation you have to approach concerned district protection officer under the domestic violence act.

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

4.7 on 5.0

File complaint before magistrate under provisions of DV act and seek right to stay in matrimonial home or alternative accommodation

Also seek maintenance from husband and compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

You have to approach the District Protection Officer Office which will be located in district head quarters. You have apply for alternate accommodation in the husband / in laws house under a prescribed proforma available with district protection officer along with proof of marriage and id proof. In turn the protection officer will forward the complaint to concerned Magistrate and the Magistrate will order for accommodation you in the house of husband / in-laws.

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

4.7 on 5.0

In maintenance from last 6month they are crossing examine me only plz suggest me how can I gt intrim maintenance and shelter from any higher authorities

Cases filed:

1. lok adalat u/ section 19

2. sec 498-A,307 IPC & SEC 3&4 DP act

Cases against:

sections 379,409 IPC& SEC 156(3)

323,506 r/w 34 IPC &155(2)

The above cases are different to each and they are being tried in different courts or may be in the same court.

Since the court has already passed an order for interim maintenance, now you have to fight the main case.

If you want an enhancement of interim maintenance you may prefer an appeal against this order before the sessions court.

There is no question of fast tracking the case.

You can instruct your advocate to pressurise the court in case the opposite party is dragging on the case unnecessarily.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

What is the possibility of getting 50% of salary for my maintenance. If yes how can I proceed?

Since you are housewife and not having any income to sustain your living hood, you may file maintenance case under section 125 cr.p.c. You should prove his income before court while seeking maintenance.

In any case you cannot get 50% of his salary as maintenance, at the maximum it may be around 1/3rd of take home salary.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

How to proceed district protection officer for shelter & alternate accommodation. what is the process,how & where should I approach.

The court will pass orders to the protection officer to ensure the orders for residence in the same house or in an alternate accommodation.

You can aproach the protection officer with the order copy.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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