Legal Question in Family Law in India

muslim maintenance

hi. 498A ongoing, DVA dismissed on grounds of triple talak happened before the case was filed. which is untrue. husband claiming it to escape the laws. Husband earns a huge amount of about 3-4lacs/month. has lot of property. we have a daughter together. i need maintenance. case is in delhi. I want to know the approx percentage of salary as maintenance to me n baby. Baby suffering from hole in heart since birth. I have got his social security statement from USA. presently husband is transferred in india not residing in USA, on expat position. will the social sec statmnt work as a proof to his salary. he also has a plot in delhi but power of attorney is on sister in law's name. Can i still get the residence with him, not seperate. as i want to live with him not seperate. can it be done even if e claims of triple talak in my absence. we are muslims. i am disappointed by the way DVA was dismissed for false reasons. muslim woman has to suffer always bcz of this evil of triple long will it go? pls answer

Asked on 9/08/08, 11:33 am

2 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: muslim maintenance

Appeal to higher court against DVA dismissal and pursue with 498A.

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Answered on 9/10/08, 8:08 am

Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

Re: muslim maintenance

You should pursue your remedy under DVA. If the case has been dismissed by one court, pursue your remedy of Appeal and/or Revision to higher court.

You should be granted maintenance of at least 75,000 per month for yourself and your child.

the social security statement is valuable piece of evidence and should be used to claim maintenance.

You may also inform US Embessy about 498-A pending case.

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Answered on 9/08/08, 1:46 pm

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