Mrs Komal gaikwad Mrs Komal gaikwad

I'm married since 2018 and have 09month kid entire marriage expenses was Bear my me since first day of marriage my mother in law mentally physically n financial harassing me .. She want my entire salary gold for her son husband listen to mom alot twice he raised hand on me n now he neither give baby expense there was no angle contributiom from his end during pre n postpregancy .. He have two house in chawl one is on his name I request to keep us separate but he denied. Now I just want my baby maintenance plus place where I can accomadate ...currently I'm staying vd my parent

Ankur Goel @ Complete Law Shield

Responded 1 year ago

A.File 498A with Dowry Act.
File DV case claiming maintenance, right of separate residence, Your gold back and compensation.
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Kishan Dutt Kalaskar Retired Judge

Responded 1 year ago

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A.Dear Madam,
You may file DV and get all the benefits.
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Srinivasa Prasad

Responded 1 year ago

A.Mrs. Komal Gaikwad
It is easy to advice, than to follow.
In matrimonial matters, it is better to get the matter settled amicably.
Take your Husband into your confidence and try your best to sort out the problems.
As far as maintenance is concerned, you and your child are eligible to get maintenance and your Husband is liable to maintain both of you.
If you are qualified and can support yourself, then then quantum / maintenance may come down accordingly or you may not get maintenance (based on parameters specified by law - if your case falls under it, then same applies to you)
Legally:
You can file application for maintenance for you and your child.
You can also make a complaint with respect to Domestic Violence, but be CAUTIOUS, it does more harm than good. Be careful, before going ahead with such complaint.
It will most probably strain your already strained relationship.
Be careful and take a call.
Good Luck
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Ayantika Mondal @ Prime Legal

Responded 1 year ago

A.Hi,
You can get maintenance after your divorce has been finalized as per S.13 HMA. But in any case you can also move the court for interim maintenance u/S 125 CrPC. I would also suggest filing a police complaint u/S 498-A IPC since you have been a victim of domestic violence.
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Anik

Responded 1 year ago

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A.Hi,
As per your narration, it seems that you have been subject to domestic violence at the hands of your in-law. You can consider filing a police complaint u/S 498-A IPC for the same. If you are considering divorce then file a suit before the family court u/S 13 HMA. It is only after the divorce will your husband be liable to pay you maintenance as per S.125 CrPC.
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Ankita Jaiswal

Responded 1 year ago

A.File FIR 498A, then u file DV case before court, then also file 125 of Crpc for mentainance,
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Abhimanyu Shandilya

Responded 1 year ago

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A.Ma'am,
If you are being tortured and harassed by your in-laws then you can file a case of Domestic Violence against them at the same time you can also file a case of maintenance against your husband for yourself as well as for your child even when you are staying with your parents.

You can also read more about maintenance in the following two blogs;
https://www.vidhikarya.com/legal-blog/A-BRIEF-NOTE-ON-DOMESTIC-VIOLENCE-ACT-THE-RIGHTS-OF-VICTIMS-AND-LIABILITIES-OF-RESPONDENTS-OF

https://www.vidhikarya.com/legal-blog/Interim-Maintenance-under-the-Domestic-Violence-Act
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