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DEPRESSED50 (self employed)     17 June 2011

DB1960

i am hindu-embraced islam-done nikah-after a week thereafter married under special marriage act, with maiden name in 1990.  Husband tortured, attempted to kill and i filed police complaint -informed want to stay separate and we stayed so (since 1995 Jan).  he was already having extra marital affair - he lived with her in a live-in relationship, got married to her, he being central govt employee has to take permission -which he has violated, and even given misleading info to his employer.  I have a major daughter.  I want to file petition - what clauses will best apply in this case (sta yed separate for 15-16 years) - to get the best maintenance. Have no intention to divorce.  He should be penalised to the best.

Await a prompt response.

 

Rgds/DB



Learning

 1 Replies

Adv. Chandrasekhar (Advocate)     18 June 2011

File a case for maintenance under section 125 Cr.P.C. or Section 12 of Dometic Violence Act.  If the major daughter is not married, she can also be joined as party along with you for maintenance.  The quantum of maintenance depends upon his income and your income.


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