maintenance
5 years ago
I am married for 6+ yrs. Having a 4 yr child. child has continental birth defect and 4 times operated. My husband and i stayed for 5 yrs. And staying apart for more than 1.6 yr. Husband didnt pay any maintenance for us. He didnt pay anything for our child towards his education and medicals.i have all proofs. And inlaws demanded dowry after marriage , i have proofs like account statements. I was beaten by mother inlaw. My husband didnt listen to me from beginning. He does what his parents says. I was ill treated by his parents. Although husband stays in another place where he works.i was staying with my husband and son. I was kicked out of home by my husband. I have filled dv case. But the intreim maintenance order by the court is nt even 1/3 of his salary. And no education and medical fees are mentioned for our son. I am paying his school fees and medicals with the help of my parents. I am staying in a rented house and rent paid by my parents.my rent is also nt covered properly in the intreim order.Husbands salary is 1.4 lakh per month. And i got only 27000 as intreim maintence.child is 4 years with sever medical issues. How to cahallenge this in upper court and how much chances for revision. I want to saty with my husband as we have 4 yr child.husband is forcing to stay with inlaws instead of with him. I was tortured a lot by inlaws beaten physically ,harrassed mentally due to their unwanted dowry demands and slang words.i dont want to stay with them. inlaws wants divorce. Does filing RCR will help in this case??
Rajender Prasad
Responded 5 years ago
Deepak Yashwantrao Bade
Responded 5 years ago
ROBERT D ROZARIO
Responded 5 years ago
File DV case with following prayers
PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
A) to take cognizance for the offence punishable u/s 498A IPC and punish Respondent No.1 to 3 as per law and extend police protection to the deponent,
B) Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
C) Pass orders u/s 18, in totality against Respondent No.1 to 3,
D) Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
E) Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent No.1 as he is residing in the house of respondent No. 3, which is legally prohibited,
F) Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent No.1 falsely filed Divorce Petition.
G) The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
H) That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.
ARPIT BATRA
Responded 5 years ago
Pradeep
Responded 5 years ago
Rameshwar Dadhe
Responded 5 years ago
First thing, unless and until I see the complete papers I cannot say anything.
Next things are you must see a Marriage Counselor who will give correct advice after talking to you.
Your Case is bit complicated.
You have already taken maintenance and hope you are regularly getting it and now you want to stay with your husband. There is nothing wrong in your want and desire which can be solved with mutual discussion and a consensus.
On the other hand, you want to stay with your husband and not with the family. It is also not possible to leave parents at the old age. Have a heart and give consideration.
Yes, there is a possibility of Revision of your maintenance which can be brought out by your Advocate. Please do ask Vidhikarya.com to find out a good lawyer to plead your case for the enhancement of monthly maintenance and medication of your child which is equally important.
I could see a ray of hope for better solution.
Shanti Ranjan Behera,
Advocate
Vishwabandhu
Responded 5 years ago
Do not make haste. Wait for final order in the case . If the final order is more than the present amount u will get all deficit amount. No need to file any revision at this stage. Filing RCR will not help u in this case . U just wait for final order.