You can file a maintenance case against him under section 125 of crpc for child and yourself.
domestic violence case can not be filed after one year ofseperation.
feel free to call
Rules for filing domestic violence
I left my matrimonial home before 17 months because they forced me to get out of their home. And my husband and mother in law threatned me that they will send me out of their home without my baby..after thier continuous torture. I left their home. But me and my parents tried to convince my husband continuously. We filed a case in shariath council, makka masjid, chennai. But they didnt accept me and my kid. Now i like to take legal step for getting compensation. Which law is best for me to get compensation ?? Maintanence or domestic violence? Some lawyers advise me to go for dv act. Some advice me for maintanance. Im in total confusion. I dont like to take revenge on my husband. I just need alimony from him. I have a 3 yr old girl baby. Please tell me which act is best for me to get permanant alimony.
Asked 10 years ago in Family Law
Religion: Muslim
17 Answers
Hi, it is better file a maintenance case against as suggested by learned brother advocate.
you can file Dv case . it is a continuing offence . since your husband is refusing to maintain you you can file case claiming right to stay in shared household . you can also seek alternative accommodation . you can ask for maintenance for your self and your young 3 year old daughter . contact a local lawyer
since you are not interested in taking any legal action againts your husband and mainly interested in the permanent alimony you can file a petition under 125crpc for maintenance and try there for permanent alimony by taking divorce with your husband
thanks all for your replies. Mr. Ajay sethi said that i can fil dv case. is it possible after one year of separation sir??? but Mr. Nadeem Qureshi said that i cant file dv case after one year of separation. this is the confusion going on here. is that possible to file Dv case after one year of separation? some lawyers told me that i can get more money in dv case comparing to maintenance case. my husband is in United States. he is working there. in this case which case is better.
Asked 10 years ago
file a petition under 125crpc for maintenance and try there for permanent alimony by taking divorce with your husband,why are you going for DV
as mentioned in my reply Dv is a continung offence . you can file after one year of separation too . you have stated that you have been forced out of your matrimonal home . your husband is not maintainin g you and your young child .hence in my opinion you can file DV case . you can seek protection order against your husband and in laws , right to stay in shared household , comepnsation for mental torture that you have undergone .
if you want permanent alimony you can file for divorce .
SC held the limitation period for,filing DV case in inderjeet singh case.
ok. thanks all for your replies. and hear me very patiently. thank you so much. i decided to put maintenance case alone. but my husband is in US. after filing maintenance case will he appear before court or he can give power to anyone to lead the case???
Asked 10 years ago
he can definetly give power of attorney as he is residing abroad
thanks for your appreciation . your husband can give power of attorney to any of his family members if he is residing abroad
Yes he can execute a Poa or Spa
File a DV case and seek maintenance along with right to residence forming part thereof. Your husband is obligated in law to maintain you and your daughter. The liability can be enforced by you by filing a case under DV Act.
In your case time limit shall not preclude you from filing the case as your husband continues to neglect you and your daughter, albeit any further delay may work against you.
Your husband can certainly give POA to anyone to conduct his case in his absence. However, he will have to appear on the date fixed for his testimony.
Some telling i can file dv. Other say i cant.. as u said, it may work against me .. chances are there.. so i want to be in safe end. So i go for maintenance case.
Asked 10 years ago
Already replied in detail by my learned friends.
madam DV is a continuing offence . In DV case you can seek protection order , right of maintenance , right to stay in shared household or alternative accommodation . in addtion you can seek compensation for mental torture undergone . the reliefs that can be sought and granted under DV are manifold . hence i had at outset advised you to file Dv case .
it is your call . if you want to file only maintenance case do so
I have already told you that DV case can be filed to seek residence, protection and maintenance. Whether you are now going to file DV or a separate case for maintenance has to be decided by you.
resolved query