Hello honorable lawyers,
I am a doctor by profession, born and brought up in Mumbai, and got married 8 yrs back in a typical marwari family at Delhi . I have 6 year old son. My husband is the only son and have a joint business with his father. I was subjected to lot of mental torture and physical abuse to the extent of getting physically hit too. We both started leaving separately also, but my husband blamed me and has physically badly hitted me many times.
I left my matrimonial house in 2012 and came to Mumbai . Here after 6 mths, my husband falsely promised me that, he will shift in Mumbai and we took a house on rent. Since I joined job over here, I told him that I will take care of all expenses to the time you are settled and till date I am paying everything for all expenses including child, rent, etc.
But he used to stay here hardly for a week, once in two months. He used to instigate me for very minor issues and when I used to get angry, he used to record, without my knowledge, which I came to know later, and told me that he will file mental cruelty on me. But like stupid, I never collected any evidences of his extreme physical and mental torture.
Now he wants to seperate and me too as I dont trust him at all. I want to know, that he has shown himself as employee in his business earning meagre 10-12k. Their office, 3 houses, all are in my in laws name and nothing on his name..
So can I get alimony from him and how much can I expect, as he may show I am earning better than him plus nothing in his name. Plsssssssss help me.
Asked 8 years ago in Family Law
Religion: Hindu
But my husband had his own expert business
Asked 8 years ago
I had filed for petition of maintenance, shelter u/s 125 rwcrpc / DV sec 12, 17,18,19,20,21,22, 23 of DV act 2005. And prayer for protection, residence, custody, monetary relief, compensation order was made. After that my husband came to settle amicably... And we filed application for adjournment.
Then in next hearing... He denied to sign on terms agreed. And submitted his reply and application for my production of documents. After that I submitted my documents and gave application to submit their documents. Then they submitted their very few documents and asked more documents of mine. Plus he showing himself earning very very less wheras he is 30% owner of the company and keeps on traveling worldwide. Now next hearing is due for argument on documents. But I feel stuck up now. Till now I haven't received even interim maintenance and it is more than one year for my case. I had already paid my lawyer 50k and she asking more now. I feel stuck up and feel to not attend any court as nothing is happening. My husband don't even come for hearing. He came last Dec 2015 for hearing. Is their even any use to pursue this case further where I am just spending money... Getting myself mentally drained and getting nothing in return. I wish to file for divorce but my lawyer saying that will be charged additional. I also wanted to know what is the fees in general for such cases apart from my other concerns. My case is currently going in the thane court.
Asked 7 years ago
No my lawyer has not filed for separate petition of interim maintenance. Her total fees is 1.5 lakh. Plus she will take percentage from whatever maintenance I might get. I have paid her 50 till now and even my interim maintenance not got.
I visited other lawyer for consultation. He said to pay 75 k for changing few things which previous lawyer did wrong plus to file interim maintenance petition. And at every step like evidence etc he will charge me additional 25k every step. Also he will take a cut in final maintenance amount.. When asked that if I can add divorce petition also, he said that will be further additional. The thing is like I am fed up just paying this huge amount and feel if their is actually any sense in continuing the case..! (a) I wanted to know whether this is the general fee structure. (b) suppose if I discontinue this case and in the future my husband puts some case on me, will my discontinuing case have any kind of negative impact that time. (c) if I continue case what should be my next step. Is their any benefit in DV case just for some small amount after paying so much and mental stress. Or will divorce case be more appropriate. (d) any suggestion for good lawyer Hoping for a genuine guidance.
Asked 7 years ago