Maintenance crpc & hma , divorce, dv act,
Adv.Aiyer VLV
(Querist) 19 January 2014
This query is : Resolved
Have a young lady client with 3 year old kid from 4 years marriage, whose husband had been tormenting with unbearable character assassination, intoxicated & sober physical abuse. Beating with wires, kicking her and kid have been usual. Sister had witnessed this.
He is a driver and family at native owns a truck. he is capable of earning Rs.500 to 1000 per day. They moved into Bangalore 6 months ago and he took salaried employment since quarry activities in native was not viable.
He deserted her last week by staying in native with his family. In same town clients mother is also staying. He had once broken her head with stone and recorded statement by client was closed with mediation by police. complaint, settlement is available.
He is speaking indecently about client and her mother, including untrue incest abuses over phone. Recording of talks are available. He demands divorce and keeps oscillating in stands.
Client wants divorce. I want her to get interim maintenance, alimony and DV Act proceedings
QUERY
1. Is it better to seek CrPC 125 prior to divorce petition or seek maintenance along with divorce in IA?
2. Maintenance under HMA will it be available till filing divorce only?
3. Is it better for DV proceedings be initiated during pendency of divorce or better to file it now?
4. A notice is ready for divorce. is it better to wait for mutual or file with her seeking divorce?
ajay sethi
(Expert) 19 January 2014
file Dv now . since husband is earning around Rs 15,000 to rs 30,000 per month wife can get decent maintenance . in Dv claim cmaintenance , alternative accomodation and also seek protection order . also compensation .
in DV if parties are inclined for settlement then file for divorce by mutual consent . other wise file for divorce after orders for maintenance are passed in Dv case .
Nadeem Qureshi
(Expert) 19 January 2014
agree with Mr. Sethi, nothing left to add
R.K Nanda
(Expert) 19 January 2014
agree with experts.
Adv.Aiyer VLV
(Querist) 20 January 2014
Thanks Sri Ajay Sethi, Sri Qureshi, Sri. Nanda, Sri Goyal.
Client seeks only divorce apprehending violent retaliation., says free from him is enough. But we want her to get best without dear.
My query arose if she chooses divorce alone, being daughter of small flower vendor, later can we got with other cases? In divorce notice I cover facts of violence and past case and dv , dowry cases are being considered.
You may add anything more if needed. With this input.
Regards
Adv.Aiyer VLV
(Querist) 20 January 2014
Thanks Sri Ajay Sethi, Sri Qureshi, Sri. Nanda, Sri Goyal.
Client seeks only divorce apprehending violent retaliation., says free from him is enough. But we want her to get best without dear.
My query arose if she chooses divorce alone, being daughter of small flower vendor, later can we got with other cases? In divorce notice I cover facts of violence and past case and dv , dowry cases are being considered.
You may add anything more if needed. With this input.
Regards
Adv.Aiyer VLV
(Querist) 20 January 2014
I.e. in case he doesn't trouble her or mother anything further no Criminal case is desired
ajay sethi
(Expert) 20 January 2014
since your client wants divorce she can file for divorce . in said petition she can seek maintenance and other reliefs .
she can file for DV later if she so desires
ajay sethi
(Expert) 20 January 2014
thanks for your appreication
V R SHROFF
(Expert) 20 January 2014
best solution: file DV, with mtn, restraining ,be away from her, residence order, protection order: & THAT ALL, NOTHING MORE, NOTHING LESS.
Shonee Kapoor
(Expert) 20 January 2014
Dear Sir,
In the interest of your client, have you tried to find a solution of Divorce by Mutual Consent, whereby the husband pays one time alimony and they don't waste time fighting each other in court.
Regards,
Shonee Kapoor
www.shoneekapoor.com
Handphone: +91-8010850498
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If you don't fight for what you want, don't cry for what you LOST.
Adv.Aiyer VLV
(Querist) 21 January 2014
Thanks Sri Ajay sethi, Sri v r shroff Sri. Shonee Kapoor
Adv.Aiyer VLV
(Querist) 21 January 2014
Sri Kapoor
Notice asking for mutal consent is ready. Query waa to ensure protective law teeth is.not lost.
Husband 8 std fail driver 275 km away. Talks are tough to get on.
