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Q. Separation, financial dependence n child custody

Q.Separation, financial dependence n child custody
I'm a housewife. I want to know about my legal rights. I have been through a lot of physical and mental torture. I'm always threatened by my in laws that they will throw me out of the house and they will snatch my kid from me. My husband does not support me financially as well. My in laws(mother in law, sister in law, brother in law, etc) are interfering too much in my life n they tortured me so much that I committed suicide. I want separation from my husband and I want him to support me n my kid with all the basic things. Pls help me in this matter n whom should I consult.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 1 month ago

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A. ) Dear Madam,
You have many options presently, you may file DV case by seeking following reliefs:
==========================================================================

PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
2. 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/-.
3. Pass orders u/s 18, in totality against Respondent1 to 3,
4. 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.
5. 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 Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
6. 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 Respondent1 falsely filed Divorce Petition.
7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

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Shreyash Mohta

Experience: 1 Year(s)

Responded 1 month ago

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A. ) You can file the following cases.

1. 498A
2. Domestic Violence u/s 12 of the PWDV Act
3. 125CrPc

You can move with mutual divorce u/s 13B or else contested divorce.
Thanks

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Suneel Moudgil

Experience: 15 Year(s)

Responded 1 month ago

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A. ) try to settle the matter amicably with your husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
if failed, you are advised to file/claim
498a complaint (for causing mental, emotional, physical and monetary abuse, etc)
Domestic Violence case (you have rights to claim residence, protection, compensation, etc)
maintenance case,
if you do not want to opt the divorce presently, you can ask for judicial separation also,
Call/mail for a detailed discussion/understanding

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Anonymous

Replied 1 month ago

Good evening sir, how to file a judicial separation. What happens in it. How much time n money it will take, as I'm not working n dont have money for it. Pls also tell me what abt the sitridhan which I got during my marriage from both the sides. Everything is lying with him.

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Suneel Moudgil

Experience: 15 Year(s)

Replied 1 month ago

a petition of judicial separation can be filed before the Family Court under section 10 of Hindu Marriage Act, and, the status of parties remained as husband and wife even after the decree of judicial separation,
it took a period of 1-3 years in disposing of,
you can claim your streedhan by filing a police complaint in this regard,

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