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Moninder Singh (Regional Manager)     04 May 2011

Maintenance from Husband

This is regarding my elder sister of 44 with two kids aged 14 and 11. She is fighting a case in the family court against her husband fo maintenance. A small amount has been approved as ad interim maintenance by the court. Earlier, she was staying with her kids away from her husband and in-laws. But, since Oct 2010, she has moved back to her in-laws house just with an intention to claim her children's share in the ancestral property. She is being constantly harassed, mentally, by her husband and in-laws due to which she got hospitalised twice. Her husband and in-laws did not even bother to care for her and take her to the hospital. Her husband owns a pharmaceutical distribution business but has said in the court that he does not have any source of income and cannot pay her maintenence. Now, they are consttantly pressurising her ro withdraw the case as she is staying with them. My questions with regard to this case are:-

1.   Whether she should continue to stay at her in-laws house and fight the case?

2.   Will the ad interim be continued even if she stays with her in-laws?

3.   How can we prove her husband's income in the court?

4.   What is the best way of settling this case?

 

Thanks.



Learning

 6 Replies

prasanta kumar parida (sr. consultant)     04 May 2011

You can ask for permanent alimoney. In my opinion you should not fight the case staying in your in-laws house as i apprehend danger to your life and lives of your children. Best way of settlement is to reunite with your spouse for the future sake of your children. yes your spouse is legally bound to pay the interim maintenance even if you are staying in your in-laws house.

vishesh kumar (0)     04 May 2011

    p.k parida is right  you should not fight the case staying in your in-laws house as i apprehend danger to your life

maintanance  may be claim u/s 24 of hma act

another way is given under sec.125 of cr p c

u must perduce the documents pertaining to income of her husband like income tex returns or any other doc.

 

Ravinder Gupta (Advocate)     05 May 2011

you should continue to fight cases while staying in your matrimonial home. You will get maintainance  irrespective of the place u r staying but the amount can be veried . No apprehension /danger to the life. Law protects u . u have several other means. u can use ur rights.

Titu (Worker)     05 May 2011

Can you discribe the which type of the document we need to prove the income of her husband.Plz. help which documents works in the court.


(Guest)

his income tax return help u can prove.

Titu (Worker)     09 May 2011

Hi i am new one of my relative she face a problme regarding how to prove the income for her husband he is working in abrod.(UAE) Which documents need to prove it?in the court.He put a divorce petition aginst her.Is Court  help for her in this matter to prove it?


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