• Husband left me and my daughter

My husband left me and my daughter 8 years old daughter. We are living in the same rented house . He is not paying the rent and now the house owner disconnected the electricity. He is not paying for my daughter's fees or other house expenses. My parents are no more.  I have complained in police because he used to physically abuse me. The police is not filing the FIR. I have taken the help of an advocate and I have paid approx. 50000 to him till now . He is not filing the papers against 498 and husband is not appearing in courting against summons. I think the advocate is misguiding me. As my advocate has filed the paper with the women commission and mentioned it in the letter the case is in court . It is a common knowledge is that if the case is in court the WC will not take any action. I am staying Noida . Please advise me what to do? and please let me know some good advocates who can help me?  One more question how long it will take to get the maintenance . If it take long i have to take some work to support me and my daugther? Shall I stay here or vacate the house?
Asked 1 year ago in Family Law from Noida, Uttar Pradesh
Religion: Hindu
Hello,
1) You should file a case under Protection of women against Domestic Violence Act. 2005. You can also move an interim petition seeking maintenance and residence order , protection and compensation for the sufferings you were subjected to.

2) Instead of going to the WC you should have filed a petition under DV  provisions or a maintenance petition under section 125 of Cr.P.C


3) It will take a couple of months before you get any maintenance. You don't necessarily need to remain unemployed to be eligible to claim maintenance.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
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1) file domestic violence case against husband and seek alternative accommodation , maintenance , compensation for mental totrure undergone by you 

2) if local police is refusing to register Complaint you can complain to the commissioner of police against refusal to lodge your complaint 

3) you have not mentioned what is nature of case filed in court 

4) you are at Liberty to change your lawyer 

5) search on this website for lawyers in delhi region 

Ajay Sethi
Advocate, Mumbai
23318 Answers
1220 Consultations
5.0 on 5.0
1) it can take a year for court t award maintenance 

2)you can vacate the house and shift to residence of some family member temporarily 
Ajay Sethi
Advocate, Mumbai
23318 Answers
1220 Consultations
5.0 on 5.0
Hi
You should have filed domestic violence case in the magistrate court for maintenance. And other relief along with the police complaint. To initiate an FIR under 498A you don't need advocate. Police should take a complaint and call your husband for enquiry
You can file for maintenance in family court or in magistrate court for your and child's maintenance. For this you need the help of an advocate
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. The first thing you should do is change your lawyer. 

2. You have abundant remedies under the law to make your husband liable for what he has done. You can file a case for maintenance against him to claim maintenance for yourself and your daughter as it is his legal duty to support financially his wife and children. Interim maintenance may be ordered within 3-5 months by the court.

3. 498A case can be directly filed in the court. 

4. You can continue to stay in the rented house unless and until there is an order of eviction passed by the court.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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First thing what you do is to change your advocate. 
Next thing is to file a maintenance petition under section 125 crpc and in that itself you can file an interim maintenance petition seeking interim relief too. 
If you have not lodge a complaint with the police about the cruel acts he had done against you, better do that now itself.  You may approach CAW cell for this complaint and not the regular police. 
If you are no more interested in continuing the marital life with him you may even file a divorce case on the grounds of cruelty. 
You can even move an application under the DV act against him seeking residential rights since he has not provided you accommodation. 
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0

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