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HMA 131ai
3 years ago
my husband filled case of divorce under HMA131ai.because of reason behind this I have complain under dv Act crpc125 in women cell .after that caw cell send the file or mediation in court and my husband file divorce petition in court .at that time iam 8 month pregnant and now I have a baby boy .I want maintenance from husband and house to reside .my mother in law not permit to enter in her house . what should I do .can I get house or space in sharehold property or my child can claim property .
Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
A wife is entitled to an equal share of her husband's property like other entitled heirs. She is also entitled to maintenance, support and shelter from husband. You may file a case seeking maintenance under section-25 of the Hindu Marriage Act, 1955.
Hindu Marriage Act, 1955, Section 25 – Applicant, either wife or husband is entitled to receive from the spouse for his/her maintenance and support a gross sum or monthly or periodical sum for a term not exceeding the applicant's lifetime or until he/she remarries or remains chaste.
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A wife is entitled to an equal share of her husband's property like other entitled heirs. She is also entitled to maintenance, support and shelter from husband. You may file a case seeking maintenance under section-25 of the Hindu Marriage Act, 1955.
Hindu Marriage Act, 1955, Section 25 – Applicant, either wife or husband is entitled to receive from the spouse for his/her maintenance and support a gross sum or monthly or periodical sum for a term not exceeding the applicant's lifetime or until he/she remarries or remains chaste.
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A.Hi,
As per the facts stated by you, if you are the legally wedded wife of your husband, then you can claim share in his property as well as maintenance for you and your child. You may file a petition claiming maintenance.
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As per the facts stated by you, if you are the legally wedded wife of your husband, then you can claim share in his property as well as maintenance for you and your child. You may file a petition claiming maintenance.
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A.Dear Madam,
You have many rights like interim maintenance and production order if you are staying in the matrimonial house etc.
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You have many rights like interim maintenance and production order if you are staying in the matrimonial house etc.
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Advocate Niyas Fazal A
Responded 3 years ago
A.You can file Restitution of Conjugal Rights petition and Maintenance petition before family court.
One more Maintenance case can file under DV Act before Magistrate Court
One more Maintenance case can file under DV Act before Magistrate Court
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