• Marital life in jeopardy

At 2 month pregnancy husband drops me at my paternal house instigated by his own divorcee 8yr elder sister. Didn't take any responsibility before or after childbirth. After baby was born, I asked for help from women commission but they dropped Divorce papers on me. As advised by all, I filed DV case against husband and sister in law, and magistrate was pleased to pass maintenance order in child and my favour. Now in a hearing, they created ruckus in lower court . Both remanded in custody and afterwards absconding. Separate case against both has been filed by police u/section [deleted]. Now my situation becomes worse. Magistrate fearing violence has given no residence orders. Only maintenance has been awarded for child and me. My wish of leading a happy marital life became more difficult. How to mend the situation. Also streedhan articles magistrate wants chit of contention. Donno what does it mean. It's 5 months order has been passed but husband not paying a penny.my sister in law has orchestrated the situation in such a way that me and my husband can never have a happy marriage. Kindly help
Asked 10 months ago in Family Law
Religion: Hindu

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7 Answers

If husband has failed to pay maintenance as per court orders take  out contempt of court proceedings against husband 

 

2) seek alternative accommodation in DV case 

 

 

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

File execution petition  for execution of order. If you do not own any house, then you can take separate residence and can claim rent from husband by filing an application for direction to husband for payment of rent. For streedhan etc file police complaint under section 406 IPC etc. You can also file divorce case so to move in life. Other remedies can be suggested after examining in detail. 

Siddharth Srivastava
Advocate, Delhi
1256 Answers

5.0 on 5.0

- Since, there is already interim order for the maintenance , then in case of non-payment the same by the husband , you can file an execution application before the same court. 

- The husband is bound to pay the same , otherwise the court may  pass arrest warrant against him.

- Further, if the court is not passing the residential order , then you can mention to the court for directing the husband to pay the rent .

- Further , if you want to live with him , then you can request the court for referring the matter before the mediation cell for reconciliation. 

- Further for getting the stridhan , you can lodge a complaint before the police .

Mohammed Shahzad
Advocate, Delhi
13377 Answers
199 Consultations

5.0 on 5.0

If he had filed a divorce case, you can file a petition under section 24 HMA for interim maintenance and also a petition under section 27 for return of your articles held by him

 In DV case you can file a collection petition under the procedures of cr.p.c. as applicable to section 125 cr.p.c. for claiming maintenance amount.

you can ask for alternative accommodation if your matrimonial home is not safe.

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

You can get the order executed by issuing warrant against him

Prashant Nayak
Advocate, Mumbai
32093 Answers
183 Consultations

4.1 on 5.0

Dear Client,

If the husband has neglected to fulfill the court-ordered maintenance obligations, it is possible to initiate contempt of court proceedings against him to address the non-compliance.

Additionally, in the context of a Domestic Violence (DV) case, the aggrieved party may pursue an application for seeking alternative accommodation. This request aims to secure a safe living environment for the individual facing domestic violence, possibly by obtaining a protection or restraining order that ensures they are not forced to cohabit with the abusive party.

 

Anik Miu
Advocate, Bangalore
9028 Answers
110 Consultations

4.7 on 5.0

You may approach the local women police station or Women Protection Officer with your grievance. It will lead to counselling and efforts will be made to settle the issues, and take necessary legal action if the other party is not ready to honour your rights. 

Dalbir Bharti
Advocate, Gurgaon
41 Answers

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