• Injustice to women, 498a or DP is not protecting women

My in-laws and husband tortured me and my Nine months baby, locked me outside der house and ran away. With no option I filed 498a and DP and 506. As I have researched my husband will quit his job n show he is not earning n my in laws are rich will feed him for life time. Me and my kid have become orphans. Will court really protect me n my kid rights ? What solution will I get, I am so tensed n worried about my kids future plus I am unemployed . Please help me
Asked 6 years ago in Family Law
Religion: Hindu

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11 Answers

If he is unemployed still he needs to pay the maintenance. His property will be attached. 

Prashant Nayak
Advocate, Mumbai
34752 Answers
252 Consultations

Yes, the Court will definitely protect you and your kid.

File a complaint under Domestic Husband Act against your husband and in-laws and seek a residence order.

Besides, seek maintenace from your husband for your sustenance as well as that of the child. 

Vibhanshu Srivastava
Advocate, Lucknow
9770 Answers
323 Consultations

You are entitled to protection order, maintenance for your self and child , alternative accommodation, compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Dear Madam,

There are so many forums from them you can get justice like Police, Commission and Courts. You have to take some assistance from kith and kin and see that case is registered and your husband and their kith and kin are arrested immediately. You may approach print and electronic media to ensure immediate action against them.

Kishan Dutt Kalaskar
Advocate, Bangalore
6250 Answers
502 Consultations

Firstly you should have sought for maintenance from Husband by filing petition under 125 CrPC. Unemployment will not absolve him of his liability to maintain you or your child. Secondly seek interim maintenance by filing petition immediately to the court.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

Yes the court based on his previous bank statements and employment can provide you maintenance for yourself and the kid if he leave the job to avoid the maintenance.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Client,

A jobless husband cannot deny maintenance to wife, but a jobless wife can claim maintenance from husband. Don`t worry, his reason of being unemployed will not absolve him to perform his obligation. Just relax and file application in court for alimony, rent/accommodation, protection order etc. Court will grant interim orders/instant relief.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

Hello,

 

If the court will pass an order of maintenance and will direct the husband to pay you and your child the maintenance then it will be the duty of the husband to pay you from whatever they want to, it does not matter whether he is doing job or not if he’s having the capacity to do the job.

 

file a petition under 125 to claim maintenance.

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

you can seek maintenance from your husband. you can file a case of domestic violence against your husband and also in-laws and seek maintenance from them for your self and your children and you can also seek residential accommodation of equal standard for yourself and your children. Maintenance alimony can be claimed u/s 125 cr.p.c

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

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
4951 Answers
27 Consultations

Yes court will protect your rights

your husband have to give maintenance to you and your baby even if he is not earning a penny. 

You should file a case of maintenance under section 125 CrPC court will grant the maintenance depending on his capacity to earn depending on his education and experience.

If he doesn't give maintenance to you. You can file execution petition if he still refuse to give maintenance he have to grace jail term also his properties can be attached and give to you for maintenance.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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