Legal Question in Family Law in India

I am 30 with two kids son daughter 5 and son 1 1/2.My husband 31.ours was a love marriage with parents consent.He works for an IT firm as HR Manager.Recently I saw an sms in his mobile phone which proved his affair with a gal in his team.he agrees to me and to others pretends as though i imagine things.later he started being abusive to me,he created such a situation that i had no other go,but to leave home and now residing with my father along with my kids.my father has taken retirement,I cannot work with a small child in hand.

Now he does not bother to call and talk to my kids nor attend to our calls.

I even tried sending him a letter saying kids are missing him ,he replied back through letter saying all nonsense about me ending asking us to come back immediately.i dont want to go back.since i know the consequences.

sir now my question is weather i can ask him for maintenance through court without giving him divorce?can i also ask court of his visitation to my kids?would the court deny if he he adds that i dont wish to go wherein he is intersetd in living with us (though pretends).


Asked on 3/01/13, 8:08 pm

4 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

You dont have to apply to various courts as you are suppose to get maintenance from 1 court only. and i feel you should apply under the Domestic Violence act as it is better and quicker remedy to get maintenance and residence from the Court.........Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

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Answered on 3/02/13, 12:16 am
prasad patil

dear client u can ask maintenance for u and yr kids by filing case under sec 125 of criminal procedure code. for any legal advice call me on 9422611385

ADV PRASAD PATIL

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Answered on 3/02/13, 2:04 am
Jayesh Desai Jayesh Desai

You can demand maintenance for self and children. You cannot demand that he visits children.

You can do so, without seeking divorce.

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Answered on 3/02/13, 9:44 am


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