maintenance and divorce.
Mrs.Padmini
(Querist) 08 August 2008
This query is : Resolved
I am a lady aged 46 years. I have been married for more than 25 years.(My wedding date is 24.01.1983) I am a Brahmin married an Indian Christian. Marriage took place in the Registrar Office, Royapettah, Chennai.From the day of marriage I have lived a suffring life with a drunkard(with lots of abuses and domestic harrassments) Due to this habit of his,, we could not continuously live in any place and had to shift our residence more than 25 times. My son and daughter have studied in 4 different schools.We got him treated in TTK De-addiction centre in 1996 but he relapsed to the habit again.As we had to change our living place many times, we could not get Ration Card, Election Card for our family. My children suffer a lot, that too now, as they do not have these ID's.Mainly I donot have any proof to show me as a citizen of India other than my school and college leaving certificates.Literally speaking, in 2000 April, I was in the streets with both my teenage children as agathi without any place to stay or anyone to help us.
Now after we suffering a lot, he is not ready to go out of our house,not ready to give divorce,continuously stays with us torchuring me(mental harrassment).He is employed now, earning nearly Rs.15,000/per month,spends lavishly for himself without giving even a penny to household.He stays freely, uses all household things and abuses all of us.
Due to his drinking, my son suffered from Wheezing for nearly 15 years, I got TB gland in 2000 and still have health problems, my daughter was affected with TB in brain 2 years back.
Now he has stopped drinking may be due to aging or health conditions. He is 52 years old now. Healthy and energitic. Surfing for second shaadi in internet.
When me and my children have suffered so much because of him,that, we have lost respect in friends and relations circle and also in the neighbourhood wherever we live in.,Y should not he pay me atleast for my medication and survival as I am fully dependent on my children for my food, shelter,clothing and medication.
I hereby request, legal help for me in the above and also to get him out of my children's house.
bhagwant
(Expert) 08 August 2008
You can file petition for maintanence u/s.125 of Cr.P.C. and claim for maintanance.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 08 August 2008
yes, u can file a petition u/s 125 crpc for maintenance or u/s 18 Hindu Adoption & Maintenance Act.
For further quarries u can contact at:
rakhibudhiraja@gmail. com
Mb.-9871158578
Mrs.Padmini
(Querist) 08 August 2008
Can any one help me to file the petition? As you are aware,I donot have any income and cannot burden my children to spend for my divorce, I want legal help free of cost....What have I to do now for this? Kindly suggest meand help me in my problem.
Srinivas.B.S.S.T
(Expert) 08 August 2008
Tell me where are you residing currently. As per family courts Act you can file the petition by your self and argue the same by your self. I will draft the petition if you give me fuller details. All you have to do is just sign the same and persent it at the proper court. You can contact me at s_bsst@yahoo.com or can call me at 94401-20259
Ambika.S
(Expert) 08 August 2008
you can approach Department of Women and Child for the protection and maintenance order, by giving an application to Officer-in-charge, so that your application will be considered under the Protection of Women from Domestic Violence, Act. Immediately incident report will be filed to jurisdictional Magistrate, police and an enquiry will also be conducted, if necessary you and your daughter will be relocated in a shelter home.
Srinivas.B.S.S.T
(Expert) 09 August 2008
Rightly said Ambika Ji, but the DV Act is still in premature stage. As far as to my knowledge the Govt has not alotted any shelter homes till date. Correct me if I am wrong.
Ambika.S
(Expert) 16 August 2008
SIR
AS PER THE INFORMATION I have, all 'service providers' registered to women and child social welfare department has shelter home. Service Providers are not governmental bodies they are run by non-governmental organisation. For getting address of the NGO a person can contact State Women Commission, Social Welfare Board or National Women Commission.
