498a 406 34
Arundhati Bose
(Querist) 23 August 2013
This query is : Resolved
I am a non working housewife.
I got married on 2nd march 2012.
After my marriage i have come to know that my husband is a divorcee, which they did not declare to us before marriage.
I have beaten by my husband several time from the 1st month of our marriage.
I used to stay in my in-laws house with my husband, mother in law, and a whole time maid servant. my mother in law is a complete monster.
I have tortured physically and mentally a lot by them.
On 25th july 2013 i have lodged a 498a 406 34 case against my husband and my mother in law.
But surprisingly my mother in law got the anticipatory bail but my husband is still absconding. police is not cooperating with us.
I want to file a 125 maintenance case.
My husband is a software engineer, working in a reputed IT company and drawn almost 1 lac rs pm. He has his own flat and car.
I am now living with my parents and totally on their mercy.
WHAT SHOULD I DO NOW?
M.Sheik Mohammed Ali
(Expert) 23 August 2013
where are you from ?
you dont file separetly maintenance case against him because your filed DV case can ask itself you have rights monetary relief and accomodation relief from your husband, if you search you him at his office, if not trace again you make file WRIT at high court.
adv. rajeev ( rajoo )
(Expert) 23 August 2013
You can file criminal miscelleneous case u/s 125 of Cr.P.C. claiming the maintenance, provided if you have not filed DV Act caliming maintenance and other reliefs.
If you have got children, you can file a suit for partition and seperate possession in the ancestral properties of your husband.
Sudhir Kumar, Advocate
(Expert) 01 September 2013
you are not bound to reside with parents. You can exert right to be in the same house and your MIL the moment tortures you again is liable for bail cancellation.
