Divorce and maintenance Divorce and maintenance

5 years ago

I got marry in 2007. I belongs to a middle class family & husband belongs to high socity as his Father was a Plant Head at Automobile Company. My Husband & his Family ready for the marriage just because I am highly educted & was doing Job at Pharma industry & they never disclosed this before marriage that I have to continue my job at any cost. After 6 month of marriage In June 2008 Father law met with an major accident and left the job.father inlaw reliaze that we still unable to survive in Gurgaon and suggested to shift Indore as expensses of metro cities are more and also they belong to Dewas dist and all the relatives near by Indore.They left me at indore for the Job but my husband didn't get the job so i stay at my parents house. My husband was continuously come to meet me..in 2010 I blessed with a son and discontinue my job. When I went to Gurgaon I found that my husband has affair with his old friend and he ignored me and my son & didn't ready to take responsibilities. I got disturb and came to my parents for some time after that my husband didn't allow me to come back at his house. My in-laws assuring me that every thing we be all right. My husband file a divorce case in 2015 and canceled due his relative's pressure and take me and my son at gurgaon for 10 days after cancellation of case he left us at indore saying to complete son's school session. After completion of session when I went to gurgaon he completed denied for admission, not allowed us to entered his room and not taken food prepared by me. I came bake to Indore.In 2016 my father passed away but my husband didn't came or call for sympathy. Also he said he didn't have any emotional attachment with Son. Now in Dec-2018 he again filed the divorce case as he wanted to start a new life and his parents are agreed with him. After marriage my husband didn't take any responsibilities and didn't spent money on me or my son. me,my parents and my brother are managing all our basic needs and son's study. Please suggest for better.

Shanti Ranjan Behera

Responded 5 years ago

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A.Dear Madam,
First file a maintenance of self and the child under 125 Cr.P.C as soon as possible.
Second file a Divorce Case immediately there after as there is no point in continuing in abusive relationship.
Shanti Ranjan Behera
Advocate
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Vidhi Samaadhaan Vidhi Samaadhaan

Rameshwar Dadhe

Responded 5 years ago

A.U should file divorce petition as well as maintenance case under section 125 of crpc
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Anonymous

Replied 5 years ago

But my husband already file divorce from gurgaon.

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Rameshwar Dadhe

Replied 5 years ago

U should file maintenance suit against Ur husband

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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Madam,
You may file DV case and also separate maintenance case under Section 125 Cr.P.C and get interim maintenance.
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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.

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Anonymous

Replied 5 years ago

My husband already filed divorce case from gugaon. How it will transfer to indore . I am unable to go there for hearing as my son is only of 8 year his study will suffer. Also our native & marriage place is indore

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