Maintenance

1. What he is saying is right.
2. What ld.Court did was also right removing name of child as it is not permissible for Muslims when father is alive.
3. You can resume work.
4. You left him because as per you he was earlier married. A Muslim is allowed 4 marriages.
5. In less than a week you filed maint. case. May be by this weekend you should file Divorce + DV Act complaint case + S. 498a + Dowry case too. Then he probably may give you some money to divorce.

It is called 1:5 or in generic Bar language we say it is 1 is to 5 litigation.

All the best.
 

what is DV act complaint case? Also I cannot go to wrk leaving my son, he doesnot have a father and Ibeing a mother I cannot leave him and go? Een I dont get money from him, i want him to travel for the cout proceedings, he is diffent city i m n different city?

Can I file a interiem maintenance?

His subequent marriage entitles you to live apart from him and seek maintenance. It is also a ground of divorce as it metes out great mental cruelty and agony to you. The defence that you can start working, is specious, he cannot force you to do so, you and the child have an indefeasible right to maintenance.

DV Act provides you with right to shelter/maintenance/compensation. In al lyour maintenance cases you should and the corut would fix interim maintenance and litigation expenses quite early

1. The child does not have a father currently because you have removed the child away from his own father - it is very simple to say this.
2. DV Complaint means a Complaint made directly before a Magistrate Court and or before a SHO of a Police Station and or by seeking assistance of a Social Service Organisation like an NGO and or before a Protection Officer of the area you currently live under Domestic Violence Act, 2005. Suppose during the time you lived with your husband he used to raise his voice daily, he never used to feed you, he never cared for you during pregnancy, he never touched you later other than during first pregnancy, he never looked after you, he used to tell you to leave his home, he used to beat you daily, he never provided you with medicines, he asked for more dowry on very first night, he never even say face of the child etc. etc. then these and many others constitutes Domestic Violence. See where and by when these incidences if ever happened and bingo you can file a Complaint under DV Act!
3. Madam what application you have currently filed has two parts; interim as well as final. You have already filed for interim maintenance, which you can double check with your appointed Advocate also.
4. Madam he will travel to your city and or appoint a pleader on his behalf and his presence is needed only at reconciliation proceedings and or during evidence stage curtsey his pleader seeking his exemption from Court. OR he can approach States HC to transfer your case to his city if both cities are in same State. Or he can approach to Supreme Court to transfer the case to his city if both cities are in different States.


So on so on like that things happen in such cases Madam………. 

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Bharat Sahib,

See your earlier reply made 4 days ago in link https://www.lawyersclubindia.com/forum/Bigamy-61841.asp

 [we should remember prospective clients facts hai ki nahi bhai ji J ]

This is a case of a Muslim husband marrying twice ! And Madam ji is his second muslim wife.

Consider modifying within 24 hrs. Your above notes K

DV case = Domestic violence case 

You can put your son in a cresh and proceed for work or if your parents are there than they can look after him . Thats not a excuse for you to avoid work ??

Its not necesary for you to travel for the court proceedings your lawyer can take care of that and only when called for you can attend . But how would you pay the lawyer ??

Interiem maintanence is a maintanence being ordered while the case is going on  and till the final maintanence isdecided ?? For interiem maintanence it would depend on the merits of the case  . 

Dear Querist

it's depend on you, if you proved that his earning is more than 12k and the amount is bigger them 6 number income and there is no liability upon him, the court may pass an order in your favour.

secondly, you son can be the petitioner no. 2 in the same petition, the court can not refused to him as a petitioner.

Feel free to call

Mam,u know the muslim marrage rules,the muslim husband married  for 4 times in without knowedge of muslim wife.they don't do want of divorce in this matter.u know the thalak details.offcource u right to claim the maintanance for baby.but the under sec.85 u not get  maintanance writs in court.so u report in your marrage organization.they will help and give to prasure for in your husband to help.u want to more details conduct in this no:9500005764.