125crpc- maintanence by husband?

5 years ago

I am victim of domestic violence. I have returned to my parents home. I have given application to police station.still they don't proceed for 498a. During this period, my husband have settled his all income to his brother and mother name.he is earning 3laks per month.but due to business i have not proof .i am house wife since last 4 years ,since married. Before that I was earning 50k per month. I have equity shares of 9-10 lakhs in my demate account. And 5-7 lakhs cash in my account. Does this all matters when I ask for maintenance from my husband? How much he has to pay if I have no proof. He knows about my equity shares and cash in bank account.should I transfer to my mother account ?

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Ramalingaiah Mulakatte

Responded 5 years ago

A.File domestic violence case against your husband and ask for maintenance. It is the obligation of the husband to provide maintenance to his wife she is housewife. Ask for direction to husband to furnish statement of his assets. Claim maintenance irrespective of your shareholding and deposit etc. Stress that you gave up job due to marriage and now you are only a housewife.

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Anonymous

Replied 5 years ago

Nirmal Chopra

Responded 5 years ago

A.If u have some savings, it hardly affects your right to claim maintenance. Even the court won't ask you to spend your savings in place of maintainence .It is moral and legal obligation of the husband to provide maintainence.His plea that he is not earning won't be of any help to him.file a domestic violence case ad ask maintainence in the same.Also seek a direction from court to your husband to file statement of accounts of his banks and details of his share in business, movable assets such as shares etc etc.

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Anonymous

Replied 5 years ago

How much time it takes to order for maintainance after I file 125crpc ? If also file 498a , I have proof of physical torture, If I will win case, then is it compulsory that next step is divorce ? If I denied to give divorce then ? If I don't want to give divorce and only police protection ,maintenance and punishment what for what my husband do with me then ? What should I do ?

Mohd Imran

Responded 5 years ago

A.You must file 125 CrPC against your husband claiming maintenance from him. The circumstances you have described above are not enough to your husband to get free from liablity.
Except this you must also file DV act complaint against your husband and his family members who committed violence upon you

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Anonymous

Replied 5 years ago

If I file 125 CrPC , and DV case, it means 498a? After that it's necessory to take divorce if I win the case ? He wants divorce but I don't want to give

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