Dear sir, my husband left me and my 2 girl children alone in house allegating me that I am giving him pains and trouble and he is in stress and pressure with my behavior and he won't be able to live ahead with me and will bear all the livelihood expenses always. Since my 2nd child girl was born past 3 months he was behaving very weirdly with me and was abusing me and my maternal family always and within these days he plotted big conspiracy against me making me responsible for bad nature and character and humiliated me In front of whole nearby people in society blaming negative about me. Sir I have doubt that legally he must have taken measures to prove me wrong and guilty and safeguard himself. While I was pregnant my husband and my in laws had pressured me to do sex determination test but I refused as the result of which my husband and his family are behaving too rude and negative with me which inturn was depressing for me to pass time staying with them and listening his abusing language all the time. I stay In nagpur and I am forced to stay alone without any livelihood. Pls suggest me way out from this situation and to get justice
Asked in Family Law from Nagpur, Maharashtra
You can file DV case against your husband and in laws seeking relief for residence, protection and maintenance for you and your children
You can also file a maintenance case under section 125 cr.p.c. for all the three of you.
You can also file a RCR case for rejoining him.
If you are aggrieved about his false allegation against you, a defamation notice can be given to him.
consult a local advocate and take proper actions accordingly.
1) file 498A case against husband and in laws for continuous acts of cruelty
2) also file DV case and seek maintenance , protection order against husband
You have the right to reside in your matrimonial home during the subsistence of your marriage. So you can file a case under DV Act to seek the right to residence in the matrimonial home. This apart, you may also sue him for maintenance for yourself and your children under DV Act. Furthermore, you can seek protection order to ensure that you do not suffer further acts of domestic violence in your matrimonial home.
1) You must approach the court for a remedy.File a petition for Restitution of Conjugal rights by which the court will order the deserting husband to resume his marriage with you.
2) You can also file interim petitions seeking maintenance for yourself and the children while the case is still pending.
3) Engage a local lawyer to assist you with the legal steps as early as possible.
HI, Since 2 months i was staying with my 2 daughters one 6 months and 2nd 5 yrs alone and trying to cope up daily activities of life alone in a very low profile remoted area which my husband shifted me 5 days back he left me out of his legal planning. Later he sent me notice for divorce petition filed in family court nagpur. Its very difficult for me to stay alone without any financial support from my husband as he has just given Rs 5000 to me to meet the livelihood and said more will given only after court decides.
Sir my maternal home is in mumbai and i am adviced by people to start living with my mother in mumbai and file all the cases there . Firstly how should i transfer the case to mumbai as per legal process or rather shall i file new case in mumbai against my husband. I shall not be in a position to attend hearings in Nagpur as i am engaged with 2 kids once i reach mumbai.
Also in the 1st date of hearing on 24/8/2016 we got further date after next 3 months so by the time it will be difficult for me to survive without maintenance so what shall be course of action for getting maintenance from today ?? Also how much maintenance can be approved by court as upper limit ??
To transfer the case from Family Court Nagpur to Mumbai which court shall grant transfer here weather High Court Nagpur or the same Family Court Nagpur ??
Asked 8 months ago
For getting the case to transfer at Mumbai, you have to file a transfer petition at Mumbai high court only.
You can file domestic violence case and criminal complaint on cruelties as well as maintenance case at Mumbai itself.
You cannot get immediate relief but you will get justice finally.
1) shift to Mumbai
2) move Bombay HC for transfer of case to Mumbai
3) file DV case against husband in Mumbai seek maintenance, alternative accommodation , protection order and compensation for mental torture undergone by you
4) maintenance amount depends upon husband income , standard of lifestyle