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Section 125 crpc & maintenance, guide me

Guest (Querist) 05 November 2010 This query is : Resolved 
3 months back i got married,my husband is into business[shop of hardware & woods].We got married through jeevansathi.com, and there my husband had mentioned that his annual income is between 2lakhs to 4 lakhs. After marriage lot of problems arised,as my husband is into drugs[bhang, charas & weed] he consumes alcohol regularly, & due to excessive dominance & interferance of my mother inlaw,our relation spoiled, I didn't wanted to break this marriage & therefore suggested my husband & motherinlaw that me & my husband should shift to a rented accomodation near by, so that my husband can take care of his parents aswell, but my husband & motherinlaw refused the idea, and thrown me out of their house. I was helpless and filed a complaint at social welfare & justice department,for a reconciliation & counselling because i didn't wanted this marriage to break,i wanted to help my husband to come out of all his evil habits,but all in vain. Counselling was done by protection officer, but later on my mother in law filed a case against me at woman's cell that i threaten them that i will commit suicide etc so they won't take my responsibilty in future if something happens, and basically they don't want me back, so now i have filed section 125 crpc case against them,as iam totally dependent on my father, and i have joined MBA college, so all the fees and everything is done by my father, i have the proofs that i tried to make this marriage work, but my husband didn't supported me,so in this situation,what are the chances. Can my husband defend himself? and on what grounds he can defend himself???? plz help me
Devajyoti Barman (Expert) 05 November 2010
Without knowing the other side of the coin it is very difficult to predict what will be his line of defence or chance of success. If you are really unable to maintain yourself as per the status of your husband then you are in all likelihood going to get the maintenance.
Guest (Querist) 05 November 2010
Thankyou Devajyoti barman sir, presently iam staying with my parents, and my father is working, im studying , iam not working anywhere. so iam totally dependant on my father. My husband is earning so atleast i can expect some maintenance. As i said that i tried to continue this marriage but my husband didn't show anykind of interest. i have all the emails & sms that i had tried my best to resolve things. so atleast i can expect some kind of maintenance. thankyou
Devajyoti Barman (Expert) 05 November 2010
Yes, you are right.
Kirti Kar Tripathi (Expert) 05 November 2010
i think the the steps, which you have taken are rights. since you have already file case under s 125, you ask interim maintenance
s.subramanian (Expert) 05 November 2010
I agree.
Arun Kumar Bhagat (Expert) 05 November 2010
Better you file a fresh case under Domestic violence. It would be more effective on your part.
Guest (Querist) 05 November 2010
thankyou so much all of you.
Khaleel Ahmed Mohammed (Expert) 06 November 2010
I agree with Mr.Kirti Kar.


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