Dv
aliya
(Querist) 06 April 2016
This query is : Resolved
I was getting research fellowship during phd. and my husband never gave any money to me during the 5 years of marriage. he even didnt met me once or called me once in 4.5 years. can i file maintainance case under crpc 125. will that be denied on basis of fellowship or my education. I also want to know how to get CDR of my number so that i may produce them in court as evidence. what if husband says that he had not kept records of the calls
S.B.adil rahman
(Expert) 07 April 2016
A woman has two options for getting financial support under the existing law provided she is a Muslim as I presume from your name. One is Sec.125 Cr.PC and another is Prevention of Women from Domestic Violence Act. Your case is best to go for D.V Act. It is time bound and will be decided within a limited time. As regard defence by husband ,he can take any plea. By the way you have not said that what is his earning? Any way as regard CDR you have to apply in the court u/s 91Cr.PC to get the CDR. But what you will prove? Let him prove that he contacted you through his CDR. Do not make a straight issue complicated.
Devajyoti Barman
(Expert) 07 April 2016
You can file maintenance case and if your husband proves your stipend then the said amount will be considered while fixing the amount of maintenance.
Better file maintenance case under PWDV Act.
Rajendra K Goyal
(Expert) 07 April 2016
File case for maintenance, discuss in detail with local lawyer.
