• Want to take maintenance for my child from husband

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
Asked 5 months ago in Family Law from Noida, Uttar Pradesh
Religion: Hindu

See firstly for all the torture you can file  a case of domestic violence and mental.cruelty with police against husband and family and cam seek compensation and protection under DV act , also for child maintenance you can file under 125 crpc seeking maintenance for kid from.father.

 

Shubham Jhajharia
Advocate, Ahmedabad
20743 Answers
81 Consultations

5.0 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
68821 Answers
4143 Consultations

5.0 on 5.0

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,

and,

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

Suneel Moudgil
Advocate, Panipat
1191 Answers
1 Consultation

4.3 on 5.0

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.

Ganesh Kadam
Advocate, Pune
8167 Answers
68 Consultations

4.9 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
58651 Answers
743 Consultations

5.0 on 5.0

Dear Madam,

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:

 

PRAYER

                HENCE THE APPLICANT HUMBLY PRAYS

  1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
  2. Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
  3. Pass orders u/s 18, in totality against Respondent1 to 3,
  4. Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
  5. Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
  6. Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition.
  7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
  8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

 

Netravathi Kalaskar
Advocate, Bengaluru
3707 Answers
18 Consultations

5.0 on 5.0

Dear Cleint,

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.

Yogendra Singh Rajawat
Advocate, Jaipur
14442 Answers
19 Consultations

4.6 on 5.0

Dear maam,

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.

regards,

YUGANSHU SHARMA

ADVOCATE

DELHI

Yuganshu Sharma
Advocate, New Delhi
151 Answers
1 Consultation

5.0 on 5.0

Dear Querist

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

Nadeem Qureshi
Advocate, New Delhi
5362 Answers
260 Consultations

4.9 on 5.0

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 .

Mohammed Mujeeb
Advocate, Hyderabad
11572 Answers
4 Consultations

4.5 on 5.0

You can file domestic violence case and maintenance application in the same.  You can also file petition under 125 crpc for maintenance 

Prashant Nayak
Advocate, Mumbai
14372 Answers
24 Consultations

4.6 on 5.0

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. 

Sharath Raj A N
Advocate, Bengaluru
5 Answers

Not rated

Hello, 

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. 

 

Regards  

Anilesh Tewari
Advocate, New Delhi
17262 Answers
266 Consultations

5.0 on 5.0

Dear Client 

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. 

Mohit Kapoor
Advocate, Rohtak
4667 Answers
1 Consultation

5.0 on 5.0

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