• Family issues

Because of verbal,physical and mental harrasment from my husband and inlaw im living in our mother home past 2 years.
I have 2 girls. 1st girl is mentally retarded and staying in charitable trust. Baby pension also spending for his own by my husband and inlaw without taking care of her from 2008 to 2016.
2nd girl with me studying 5th class.in his name having 2 acres land.

Now he has changed resident location and planning for second marraige.his mother getting pension amount without taking care and presence of 1st girl.

idont have any evidences now for harrasment happened. How can i proceed for 1.Maintenence for me and 2 dauthers
2.pension amount which has spend by my husband and inlaw
3.how can i prevent the sale of 2 acres land.how we can get rights on that land.
4.how can i file case against harrament done on 2 years back.
I am uneducated and not working women in my mother house.
Please suggest that what are the petitions need to file and how much time it will take,what evidences required for case.
Approx how much amount i need to spend.

Our parents are middle class family, and we are already a burden to them. Cant pay more money.

pls suggest for our life survival.
Asked 3 months ago in Family Law from Nellore, Andhra Pradesh
Religion: Hindu
you can file petition under section 125 cr pc and seek maintenance for your self and 2 daughters

2) you can also file DV case and seek alternative accommodation from husband , maintenance for 2 daughters , injunction restraining husband from selling the land 

3) in your complaint under DV act narrate the various incidents that forced you to vacate your matrimonial house 

4) your testimony and that of your parents will help you in making out a case . you can also rely upon various chat messages exchanged with husband 

5) if you cant afford legal fees contact district legal aid center  for assistance in filing DV case / 125 Cr pc   complaint  

6) DV case would take around 5 years . litigation fees vary depending  upon lawyer engaged by you 
Ajay Sethi
Advocate, Mumbai
23296 Answers
1220 Consultations
5.0 on 5.0
1. He cannot remarry unless he obtains a decree of dissolution of marriage. To get maintenance for yourself and your kids you have to file a case for maintenance in the court of the judicial magistrate.

2. To restrain him from selling the land you may seek injunction to stop him from creating third party rights. You may also seek alternate accommodation at his expenditure. This apart, you can claim compensation for the domestic violence already suffered. 

3. Your solitary statement may be sufficient for you to get the above reliefs if the court finds it truthful. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Hello,
1) First of all you need to find out his whereabouts. You will need his address to send him court summons.

2) You can file a case under Domestic violence against your husband and in laws. Domestic violence is treated a continuing offence and is bit time barred. As proof you should bring your friends or relatives as witnesses to depose in the court.

3) Bring to the notice of the court and the pension authorities that your husband and in laws are illegally receiving the mention meant for your daughter without casting for her. Be prepared to take care of your mentally challenged daughter.

4) You can move an interim application for immediate reliefs. You can get relief within three to four months.

5) There charges are subjective and is different from lawyer to lawyer.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. Don't think you do not have any evidence Your statements and some witnesses are sufficient for harassment mated to you by your husband and his family members.  the relation of wife and husband and children are sufficient for claiming maintenance. You can seek maintenance by filing maintenance petition before concerned court of law and you can also file Domestic Violence case against your husband and his family members and can seek for alternate residential accommodation etc.,  2. You can seek refund of pension amount of your 1st daughter spend by your husband and in-law. 3 For selling the land lying in the name of your 2nd daughter who is minor the permission must be taken from the court and you can make your objection there. the land cannot be sell without your consent. 4. You can file dowry harassment case directly by saying the harassment is continuing for harassment no need to live jointly you can take plea of your 1st daughters pension and there visiting your residence place etc., and harassing. No authority or court will question since you are residing separately and other things. For filling harassment no need to spend any amount you just go to concerned women police station and lodge a complaint they will register a case. Education is not criteria no need to think. be positive and go ahed   you will succeed/  
Lakshmi Kanth
Advocate, Hyderabad
224 Answers
2 Consultations
4.8 on 5.0
1. File an application claiming maintenance for you and your two daughters from your husband. You won't have to submit evidence about their torture for claiming such maintenance,

2. File an application claiming the said amount which is being illegally spend by your husband,

3. If he fails to pay the maintenance, you can file an application praying for sale of the property to pay for your maintenance. You can not stop selling his property,

4. There is no limitation in filing criminal cases. You can lodge police complaint u/s498A of IPC and also can file DV case now. You being  unemployed lady, can claim maintenance for you and your two daughters.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
You can file a domestic violence case against your husband and mother in law and agaisnt those people who indulged in the domestic violence activities against you.  

You can seek protection, residential rights, maintenance for you and your both the children and compensation for the damages you suffered and also return of your articles including jewels held by them.

You can lodge a criminal complaint agaisnt them under section 498a too for the cruelties unleashed against you due to which you are now living in your parents house. 


You can file a maintenance case under section 125 cr.p.c for you and your children. 

You can file an injunction suit seeking to restrain him from alienating or selling his 2 acres of land on which you propose to create a lien owing to the maintenance case to be filed against him. 

The cost for all these would be informed by your advocate
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
you can move HC for transfer of RCR to nellore if your husband has filed RCR in AP only  

2) if he has filed it in another state you need  to approach SC for transfer of case 

3) you should attend court dates otherwise husband will obtain an exparte decree 

4)it generally takes around a year for orders to be passed on interim maintenance 

5) 498A case takes around 10 years to be disposed of . if husband is attending court regularly and cooperates with investigation court can release him on bail 
Ajay Sethi
Advocate, Mumbai
23296 Answers
1220 Consultations
5.0 on 5.0
1. File a transfer petition immediately before the High Court if both of you stay in the same state and before the Supreme Court if both of you stay at different states.

2. You can mention that you have already filed the transfer petition while attending the 498A or maintenance case. Ordinarily RCR case should have absolutely no impact on maintenance and 498A case filed by you. 

3. As per Supreme Court direction, police will not make any arrest of the husband on receipt of wife's 498A complaint without conducting an investigation. So, letter sent to police by his lawyer will have no additional effect on the matter.

4. Interim maintenance will not take much time and may be settled within 2/3 hearings.

5. You shall have to pursue your maintenance and 498A case vigorously through your lawyer and the possibility of getting maintenance is very high. He will be punished with jail term if your complaint lodged u/s498A of IPC is proved by you. Arrest before hearing is not punishment for the crime. Supreme court has directed  against arrest against 498A complaint because of wide misuse of the said provision of the Act by certain sections of City  Wives.  
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
1.  Transfer petition for transferring the RCR from one district to another of the same state can be filed before high court only. 
The time taken canot be predicted, it may be disposed on the second hearing too. 



2.  The RCR is a different case to that of maintenance and also 498a.


3.  There is no such law that the police will refrain from arresting him since they have received lawyer's notice, the police can arrest if FIR is registered.



4.  The interim maintenance petition can be filed along with the main petition too.



He has to face court and also the prevent himself from being arrested by taking AB.


T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0

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