Maintenance under 125 crpc or dv act
3 months ago
Sir,meri bahan na apne pati ka upar 341,323,498(A),354(B),504,506,34 IPC,3 and 4 dowry act lagaya hai fir ma.,pati mera bahan aur uska bacha ko Marta tha aur uska papa sexual harrashment ki tha jiska supportive document bhi hai,huma aab aaga kya krna chahiya,
A.Dear client,
The criminal case your sister lodged it will be proceeded first with compliance of 91 from of your sister. She will get the FIR copy and 91 compliance copy from the police station. Husband and his family will need to take bail from court and then the case will be started. The police will do their investigation and submit charge sheet copy.
Your sister may also file for maintenance U/s 125 for herself and her child.
She may also file for contested divorce against her husband.
Thanks and Regards
The criminal case your sister lodged it will be proceeded first with compliance of 91 from of your sister. She will get the FIR copy and 91 compliance copy from the police station. Husband and his family will need to take bail from court and then the case will be started. The police will do their investigation and submit charge sheet copy.
Your sister may also file for maintenance U/s 125 for herself and her child.
She may also file for contested divorce against her husband.
Thanks and Regards
Helpful
Helpful
Share
A.Dear client,
Under the Domestic Violence Act, maintenance is not automatically granted; instead, a specific listing and application must be made. The Act provides for specific relief which should be filed before a magistrate under Section 12. Under Section 125 of the Code of Criminal Procedure from 1980 (CrPC), the Special Marriage Act from 1954, and the Protection of Women from Domestic Violence Act from 2005, a wife may ask her husband for maintenance after the marriage has ended.
Section 20(1)(d) provides that the maintenance granted under the DV Act to an aggrieved woman and children, would be given effect to, in addition to an order of maintenance awarded under section 125 CrPC, or any other law in force. It is advisable to approach the District Magistrate or JMFC in order to get maintenance.
Thank you
Under the Domestic Violence Act, maintenance is not automatically granted; instead, a specific listing and application must be made. The Act provides for specific relief which should be filed before a magistrate under Section 12. Under Section 125 of the Code of Criminal Procedure from 1980 (CrPC), the Special Marriage Act from 1954, and the Protection of Women from Domestic Violence Act from 2005, a wife may ask her husband for maintenance after the marriage has ended.
Section 20(1)(d) provides that the maintenance granted under the DV Act to an aggrieved woman and children, would be given effect to, in addition to an order of maintenance awarded under section 125 CrPC, or any other law in force. It is advisable to approach the District Magistrate or JMFC in order to get maintenance.
Thank you
Helpful
Helpful
Share
Read Related Answers
Domestic voilence
Dear Client,
You can file a civil case against the husband and in-laws under the provisions of Protection of Women from Domestic Violence Act (PWDV) and seek the remedy. Further, in case of cruelty co...
Family issuw
Dear Client,
If you're considering leaving home and seeking refuge in an orphanage or another safe environment, it's important to prioritize your safety above all else. You have the right to live in...
crpc 125 filed by my sisters mother in law on her own son (my sisters husband)
Section 12 in The Protection of Women from Domestic Violence Act, 2005
12. Application to Magistrate.—
(1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved pe...
Please suggest on the steps and process to follow
Dear Client,
an FIR can not be transferred from one state to another and if the jurisdictional police station is not taking action against the same please file a complaint in the magistrate, where th...
husband torture to wife
Dear Madam,
You may immediately file Domestic Violence case and other cases to restrain your husband continuously committing such violence against you.
Read Blogs on Domestic Violence
Domestic Violence Lawyers
Find Lawyers by Location
