• My husband is not looking after us

Sir/Madam
We got married last year in March ,after our marriage my father in law got massive heart attack n he was no more now,but after our father in law death, my husband sent me to my home when as I was 3rd month pregnant in June 2018 every time when I asked money for my expenses or for some doctor consultation he was like I have some loans I have to pay the loans or he says some other reasons but he didn't given proper amount for my exp and after delivery also he is not properly looking after us so what should I do now
Asked 4 years ago in Family Law
Religion: Hindu

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19 Answers

Yes, you can file maintenance case against him under section 125 CrPC for maintenance.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

File application under section 125 cr pc seek maintenance for yourself and child 

 

in alternative file dV case seek right to stay in your matrimonial house or alternative accommodation, maintenance and compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7532 Consultations

5.0 on 5.0

Without living separately from him you can ask monthly maintenance from him as this is your rights.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

You can File for maintenance under section 125 Cr. P.C. along with application under Prevention of Domestic Violence Act, 2005.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

File a maintenance case against your husband seeking maintenance under Sec.125 Cr.P.C. You can claim maintenance of your children as well as yourself. The court surely grants maintenance. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can file for maintenance for yourself and your kid from husband, a maintenance application under 125 with crpc along interim  maintenance application can be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See seek maintenance from the husband.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can file maintenance application under 125 crpc and domestic violence Act. 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

File application for maintenance as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7532 Consultations

5.0 on 5.0

Hi,

You are suggested to file a case for restitution of conjugal rights and ask your husband to fulfill matrimonial obligations.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

It is bounden duty of the Husband to look after wife and children.

If he fails to maintain you, you can issue notice seeking maintenance, thereafter file petition under section 125 seeking maintenance.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Better file application in court for demand of maintiancne. Wife living in same house, entitle to maintiancne if deprived of financial needs.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

- As per law, it is a duty of the husband to take care of the necessities , health and safety of his wife.

- She is an integral part of her husband's life and activities.

- You can file a maintenance petition under section 125 CrPc for taking maintenance from him.

- It is not necessary , that after filing the case, your relation will be strained, Later on you can withdraw the said case from the court.

- Better try to understand him , that due to negligency , you will be bond to take legal action against him.

Mohammed Shahzad
Advocate, Delhi
13222 Answers
198 Consultations

5.0 on 5.0

Dear Client,

You may move an application demanding maintenance under section 125 of Criminal Procedure Code to meet your expenses. 

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

You should file a suit for maintenance for both of you in family court of your district.

You can also file RCR petition to force your husband to take you and your child with you at matrimonial home.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

If you are not living with your husband then you can file a petition seeking monthly maintenance amount from him for you and the child under section 125 cr.p.c..

This legal action may provoke him but you have no other option than to process the issue legally unless you may not get any relief.

T Kalaiselvan
Advocate, Vellore
84923 Answers
2195 Consultations

5.0 on 5.0

If he is not giving money for your expenses then you cannot wait for him to give money automatically, you may think about the legal options for getting money from him.

 

T Kalaiselvan
Advocate, Vellore
84923 Answers
2195 Consultations

5.0 on 5.0

Dear Sir,

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
4952 Answers
27 Consultations

4.8 on 5.0

Dear Madam,

You may take shelter under provisions of domestic violence and seek 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.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

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