Hi, My sister is a victim of Domestic Violence and her in laws threw out of their home during her pregnancy. She delivered her baby at parental home. She filed a complaint in Mahila Ayog, but husband did not appear there. Husband then filed section 9 hma, and Mahila ayog asked my sis to file complaint in nearest caw cell. In caw cell's proceedings, husband says he does not want to live with her because she misbehaves and does not know household works (all false). He denied for giving any maintenance. He told his income as 10 times lesser. He says he will fight in court. Her husband is not interested at all to accept her. I have hired a lawyer and he said that he can send my sister to her matrimonial home because husband has filed sec 9, and lawyer will also file section 24 on hearing date of section 9, which is 2 months from now. Is he right in not filing section 125 or DV case and just filing section 24 for maintenance ? My sis has 7 month old baby and she does not have any income. Will she get enough maintenance through sec 24 hma, is my lawyer right?
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1) your sister can obtain orders for interim maintenance under section 24 of HMA for herself and child
2) since wife is not working court would award her interim maintenance
3) in addition your sister can file application under DV act and seek maintenance for herself and child and also eek protection order against husband
4) also file 498A case against husband and in laws for continuous acts of cruelty
Who is the owner of the house where the husband resides.
If it is the husband then your sister cna try to enter into it.
Since the husband files RCR your sister can ask the court to send her to her husband's house.
If the husband is not serious then his RR will fal flat.
If this does not work then surely file DV case as well 498A case.
Dear Concerned : -
a. As far as going to matrimonial home is concerned you sister can go and start living at her husband's house. Ideally she should go with few relatives and enter the house of her husband (she should go alone followed by relatives). Once in the house she can not be thrown out. (IF any such thing is tried by them - she should call 100 and inform the police).
b. Section 125 need not to be filed if she stays with her husband in the same house but if the husband denies to pay / support her she can go ahead and file.
c. Yes an application under section 24 can be filed for maintenance
D...... NOW IN REFERENCE TO ALL THE FACT AS MENTIONED IN YOUR QUESTION --- " DO YOU ACTUALLY THINK THIS MARRIAGE WILL STAY" - wake up my friend SORRY but i don't see any future of this marriage - a family which can throw out your pregnant sister can go to any extent and hence don't risk her life by sending her back to this matrimonial home. ideally you should press on maintenance u/s 125 crpc and HM 24 so that her expenses starts and under HM 9 give a written statement stating facts and chances of threat to life.
In case you have any apprehensions on efficiency of your lawyer - speak with a lawyer who is Bold enough to fight for you in the court.
Best of Luck- Take care - Stay Blessed.
Thanks to all. My sister does not have any proof or medical for physical cruelities on her. She only has call recordings where husband is saying to not enter his home and stay at parental home, and deliver baby there. The complaint at women cell can be sent for 498a FIR, But since we dont have much proofs, would it still help us ( I checked some forums for pros and cons of 498a). The house is on brother in law's name. He has AC repairing business with his elder brother. How can we detect his income, so to get appropriate maintenance. We also have spent on her labor and delivery, is there any section to get that money from husband? My lawyer seems competent (by the way he talks), he suggested to stretch women cell proceedings. Also lawyer said without any police complaint during cruelities and without medical, non bailable warrant cant be generated. So he said it is better to send her home by replying to his section 9 this time without filing much cases, at the same time filing section 24. My sister does not want divorce or separation and wants reconciliation. As per Mr. Atulay Nehra, I will file CrPC 125 and 24 hma immediately. How much time do sections 125, DV and Sec 24 take to start maintenance in Delhi?
1) call recording are admissible in evidence
2) if house is on BIL name seek injunction restraining BIL from selling house
3) make application calling upon BIL to file Income tax returns
4) if sister wants reconciliation don't file 498A case
5) as to time taken to obtain order of interim maintenance it may take around a year
I have hired a lawyer and he said that he can send my sister to her matrimonial home because husband has filed sec 9, and lawyer will also file section 24 on hearing date of section 9, which is 2 months from now. Is he right in not filing section 125 or DV case and just filing section 24 for maintenance ? My sis has 7 month old baby and she does not have any income. Will she get enough maintenance through sec 24 hma, is my lawyer right?
Your lawyer is not supporting your views. He could have filed this petition under section 24 with an hearing avance petition for a hearing on taking this sec 24 petition on file.
Filing a DV case before court need not wait for the disposal civil matrimonial case.a civil case This is a separate case he can file the same before magistrate court.
Similarly 125 maintenance case is separate case which need not await decision of the other pending cases.
You can change the lawyer or engage another lawyer for the other two criminal cases.
For 498a, the mere complaint will be enough for the present along with the witnesses to corroborate the incidences.
If her husband is assisting his brother with AC mechanic business, ten it is your duty to provide concrete evidence to prove his income, how is the question which you have to answer.
The delivery expenses spent by you cannot be recovered from him legally.
You are planing to file umpteen number of cases against her husband whereas your sister wants to live with him, so decide judiciously about initiating any further case against him. You may change the lawyer
The time taken for disposal of cases before court cannot be predicted.