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Wife tortured by husband

(Querist) 05 April 2013 This query is : Resolved 
Dear sir,
i want to ask about my mother's right,according to indian constitution what rights my mother have over my father's salary.sir we are 6 sibling,among which we two sister got married in january 2013,my sister was working as a lacturer and by her earning the home expances was running,now there is 2 brother and 2 sisters are living with my parents,my father is Govt. employee but pay nothing to home,my mother and sibling are at the verge of starvation,please sir guide us what should we do so that my mother can get the expances from my father.
i look forward hearing from you soon.
thankyou.
ajay sethi (Expert) 05 April 2013
your mother should file complaint under DV act claim maintenance from her husband .
Adv. Chandrasekhar (Expert) 05 April 2013
your mother can file a case under Section 125 cr.p.c. seeking maintenance for her and the minor children. She can also seek interim maintenance during the pendency of the case. She will get around 50% of his salary as maintenance for her and children.
Devajyoti Barman (Expert) 05 April 2013
It appears you all are major now.
In that case your mother can file case for maintenance both u/s 125 crpc and under PWDV Act from her husband.
Sudhir Kumar, Advocate (Expert) 05 April 2013
non-maintenance of family is misconduct for govt employee.
Sudhir Kumar, Advocate (Expert) 05 April 2013
But no use. Your mother will not agree for any action.
Raj Kumar Makkad (Expert) 05 April 2013
The sole way for your mother is to file for maintenance either under section 125 Criminal procedure code or under DV Act.


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