• Separation

My husband and inlaws are not happy as I gave birth to a baby girl. Been from my 9th month of pregnancy m living with my parents as i planed my baby to deliver here Coz of my inlaws behaviour. Now my baby is 7 month old and they are not even bother about her upbringing. Is it possible to take money from them for me and my baby. M not working yet . Or can I get my household stuff from my inlaws house which is mine .
Asked 7 years ago in Family Law
Religion: Hindu

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8 Answers

You can seek maintenance from your husband for yourself and the child under section 125 cr pc

You can file DV case and seek right to stay in matrimonial home or alternative accommodation ,maintenance from husband

You can get your household stuff from your in laws house

Ajay Sethi
Advocate, Mumbai
97643 Answers
7904 Consultations

1. yes, your husband is bound to maintain both you and the child.

2.if he does not send the same you can ask for it from the court of law by way of filing a case under PWDV Act.

3.Do not file 498A case just now as the same may ruin your marriage for ever.

4.in the DV case you can apply for return of your ornaments.

Devajyoti Barman
Advocate, Kolkata
23361 Answers
524 Consultations

Hello,

You should definitely go and try to take your stuff out from your in laws house, and then you can file a case under section 125 Cr.P.C for maintainence, also you can file a FIR UNDER DOWRY PROVISIONS. You have ample of legal provisions in your favour.

Regards

Anilesh Tewari
Advocate, New Delhi
18091 Answers
377 Consultations

You can go with your family member and collect your stuff lying in your matrimonial home

Then file DV case

Ajay Sethi
Advocate, Mumbai
97643 Answers
7904 Consultations

Yes you can get money for yourself and for the child as maintenance which will be 1/3 of your husband's income minimum.

You may file a domestic violence case against them before magistrate court and claim protection, right to residence, your stridhan/ stuff /articles , maintenance , child custody and compensation as per section 18,19,20,21,&22 of Protection of Women from Domestic violence Act 2005.

Feel free to Call

Nadeem Qureshi
Advocate, New Delhi
6319 Answers
302 Consultations

A man is bound to maintain his wife who is not self sufficient and child. He may be able to avoid being held liable to maintain you if he can prove that you are self sufficient, but he cannot do so for his child as maintenance of child is a responsibility that is to be jointly shouldered by both parents. To this end, you are free to file a case for maintenance and also seek residence order in your matrimonial home.

Ashish Davessar
Advocate, Jaipur
30814 Answers
974 Consultations

If you have decided to quit the married life life then you may take this drastic step.

If you would like to take back your items from there then he may file divorce case.

You can very well seek maintenance amount for you both.

T Kalaiselvan
Advocate, Vellore
87844 Answers
2366 Consultations

You may first take back all your items from his house and then initiate legal process for DV and other reliefs

T Kalaiselvan
Advocate, Vellore
87844 Answers
2366 Consultations

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