Hello myself shalini..I got married in Jan 20q7 did a govt employee in delhi jal board.. I am mother three months old baby. The problem in marriage was from starting but mainly after 3-4 months our fights began..the interference of sister in law(married) and mother in law(widow) in our marriage was from started..he and his family start torturing me emotionally by saying taunts every day every time using abusing language.. On 19th sep 2017 when I got pregnant they were not happy..he stopped talking to me and they tortured me...on 28th sep my parents took me to their house due to my medical condition..and in 10th Oct got to know my baby was dead before 15 days I.e. missed abortion..all the medical expenses in this procedure are paid by my parents..after all that he not took me did himself..still did my parents place till Jan 2018 After all the mediators talks..he took me from outside my parents place on 12jan..he was okay for sometime and again they all start showing tantrums again wahi emotionally pareshan karna.. He asked for car service and maintainence from me that you asked your parents(I have a voice recording clip of that conversation)..he never gave me any money for daily maintainence..my parents provide all things to me.. He also torturing me by restricting me to my parents and also they are not able to meet me...by saying this agar to apne parents se milne gayi to mera Mara muh dekhegi..he emotionally tortured me.. Time passed away again I got pregnant on 13th aug 2018...he again doing the same thing wahi torturing me by not talk to me..he and his mother said mera beta tjhe bolta nahi to ye baccha kiska laayi hai tu..they tortured me lot Due to medical problems doc told me to took complete bed rest..on 2nd sep I got admitted because of heavy bleeding and discharge on 6th..again all expenses are paid by my parents..a After that I am at my parents place throughout my pregnancy cesearan..now baby is 3 months old.. Now want advice..and want to know for maintainence for my child
You can file DV case against husband seek right to stay in matrimonial home or alternative accommodation, maintenance fir yourself and child and compensation for mental torture undergone by you
2) in alternative file application for maintenance under section 125 cr pc seek maintenance for yourself and child
if you want to rejoin matrimonial knot, then,
try to settle the matter amicably with your husband involving elders/relatives/friends etc and start afresh, and if, failed, file Restitution of conjugal rights petition in the Court,
if you want to terminate the matrimonial knot, then,
try to settle the matter amicably with your husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
if failed, you are advised to file/claim
498a complaint (for causing mental, emotional, physical and monetary abuse, etc)
Domestic Violence case (for causing mental, emotional, physical and monetary abuse, etc)
you have rights to claim residence, protection, compensation, etc
maintenance, (claim for your baby)
your baby is the responsibility of both you and husband and you surely can claim maintenance for him/her
if you do not want to opt the divorce presently, you can ask for judicial separation also,
Call/mail for a detailed discussion/understanding
For maintenance for child than you have make application in the court for monthly maintenance for child under child welfare, and for you u/s 125 CrPC.
Maintenance orders under Section 125 can be heard only by the Judicial Magistrate of First Class. She can order a monthly allowance of maintenance that she deems just and fair. This is usually decided after considering the income of the person, the standard of living that is consistent with the status of the claimant and the separate earnings, if any, of the claimant. The maintenance must aid in ensuring the same standard of living for the claimant. It must neither be so plentiful that it tempts the claimant to rely solely on maintenance nor so pitiful that it pushes the claimant into vagrancy or a lower standard of living.
Maintenance is payable either from the date of order of payment or from the date of application for maintenance, depending on the court’s judgment of the cooperation and decent behaviour demonstrated by the parties.
Since you have been thrown out of your matrimonial home, you may very well seek maintenance for your child
You may file a petition under section 125 cr.p.c. seeking maintenance for your child alone.
You may consult an advocate in the local and may even file a DV case seeking protection, residence, maintenance, compensation and also return of articles.
You may even consider lodging a criminal complaint under section 498A IPC for cruelties and dowry harassment.
There are several enactments in favor of married women. You must show heat of the litigation to your husband and mother in law otherwise you cannot sustain in such unbearable atmosphere. You can file Domestic Violence case.
file Domestic Violence case seeking following reliefs:
HENCE THE APPLICANT HUMBLY PRAYS
Both you and your child entitle to maintenance, 30% of his salary. Have to file application in court. You can also file FIR of domestic violence and dowry demand.
coming directly to the solution to your query, you can file an application for maintenance under section 125v of crpc or you can file a domestic violence complaint since you have been in torture.
consequently, you can also file a complaint under section 498A as of mentall cruelty and you will be entitled for maintenance and litigation fees from your husband.
you can contact me for consultation. if any.
you may file a maintenance petition before the family court under section 125 of criminal Procedure Code-1973 and claim maintenance fro your child. as per the order of the Supreme Court, both the parents are equally liable to maintain the child.
Feel Free to Call
1. You can file an application under section 125 of Criminal procedure code for demanding monthly maintainance on the ground of desertion from your husband for yourself and your baby.( before concerning family court)
2. You may also file an application under protection of women from Domestic violence Act ( before JMFC Court ) for various reliefs including monthly expenses, medical expenses, house rent etc .
Yes, definitely you can claim for maintenance of your child from your husband in the Court. Before claiming you have to file a case against your husband either for Judicial Separation or divorce in the Family Court or District Court. After filing a case, then only you can claim for maintenance of your child from your husband.
You may file a case of divorce on the ground of mental cruelty.
Case of maintenance can be filed by you under section 125 of the code of criminal procedure for your self and for the child and the same will be gven to you as per the earning capacity of the husband.
You can file two petitions regarding maintenance and compensation from your husband and in-laws
One is maintenance case under section 125 CrPC for you and your baby.
And other is complain under protection of Women from Domestic violence act Under section. 12 to claim Maintenance, Compensation, right to residence etc.