Legal Question in Family Law in India

I am married for last 5 years now and have a daughter who is now going to be 4 years old. After marriage I came to know that the prime reason of marriage was that I was earning well and because of property that I would Inherit of my parents . When I was third month pregnant due to a massive fight I was sent to my widow mothers house on the pretext that after a week I'll return to my In law's house which never happened . All throught my pregnancy I was alone and my husband did not visit me . He also didn't answer to my & my family's phone calls. Soon when I entered my 9 month he approached me , begged for sorry also tried to seek information if I had taken any legal action against him . I was happy to have him back and truested. After delivery he paid bill and again abandoned me and I was again without any support (Financial , physical , moral & mental) . He would threaten me of Divorce when I would call him repeatedly or would ask to fix a meeting with his family. This continued for 2 years and when I reported the matter in local police station he got scared and started persuading me , I asked him to live with me and to buy a separate house on rent . We started living together but since I was not earning due to a small child he got abusive and physical with me . he would beat me up mercilessly and would not show his salary or give any money in hand . One day when he thrashed me I ran out with my daughter and returned to my mother's house in a complete shattered situation . In women cell he refused to live with me and take responsibility . I have now taken a part time job where I am not paid enough & is too less to raise myself & a daughter since my mother is quite old and I dont have a father also . Due my mother;s ill health & age I cant take a full time job since I also have to take care of Her , my child & Home . I feel miserable frustrated . If I file a case will I get My and My daughter maintenance . Please Help & advice

Asked on 10/30/13, 1:34 am

4 Answers from Attorneys

KarVai +91 9811284735 KarVai Legal Solutions(www.karvai.in)
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you can get maintenance u/s 125 of crpc and for that you may file a petition for the same. you can also file a complaint under domestic violence act and seek appropriate orders pertaining to residence, compensation etc. It is an unfortunate situation that you are trapped in but with legal support, you can get your rights back. in case you cannot afford a counsel due to financial constraints, you may approach district legal service authority which is situated in all district courts or high court legal service authority at delhi high court and you would be provided with free legal support. wish you a good life ahead.

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10/30/13, 1:59 am
Setu Niket Curare Legal
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yes you can definitely claim maintenance for yourself and child.

Kindly contact for further legal advice.

Kind Regards

Setu Niket

Advocate

Curare Legal

9873109672

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10/30/13, 3:53 am
Rajiv Chandhok Ph: +919810050896 http://www.linkedin.com/pub/rajiv-chandhok/33/7b7/82
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File 125 CrpC petition. You may drop in a detailed query at chandhokrajiv@gmail.com

To know us better, please click on the links below:

http://www.linkedin.com/pub/rajiv-chandhok/33/7b7/82

http://www.lawguru.com/answers/atty_profile/view_attorney_profile/username#more_info

JSR/301013

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10/30/13, 5:03 am
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dear client file case of maintenance for u and yr child under sec 125 of criminal procedure code and ask the maintenance. for any legal help call me on 9422611385

ADV PRASAD PATIL

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11/02/13, 8:25 pm

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