aruntrivedi (lawyer) 08 September 2009
One my client is deserted after marriage and one child by her husband since last 7 months and not maintaining her with child. She is staying with her parents with child. Her husband is having relations with some other girl and not at all now keeping any relations with her. What is remedy? Should she file Cr. P.C. 125 for maintenance and also issue notice for restitution of conjugal rights?
R.R. KRISHNAA (Legal Manager) 08 September 2009
Yes she should file case for maintenance and restitution of conjugal rights.
Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 08 September 2009
She has to go back or file a case under domestic violence to live with her husband. Else file a case of cruelty.
Sarvesh Kumar Sharma Advocate (Advocacy) 09 September 2009
trivediji,
yr client is staying with her parents due to not careing by the husband,and not maintaining her with child due to lake of money.
A sufficient cause for filing 125 cr.p.c. case for mainteanance.
second Her husband is having relations with some other girl is sufficiant cause for mental harrasment file 498A i.p.c. against husband.
However domestic violence case will not applicable because u said dt since last 7 months yr client is living with her father and domestic voilence is applicable instently.
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