ajay kumar jain 25 February 2017

Divorce matters

what legal protection to wife with 11 months son, if husband is cruel and irresponsibl AND giving THREAT for divorce.

2 Replies

(Guest)

IF you want legal protection, you may forget married life. Marriage will be over once police or court involve? Manzoor? If Manzoor.. then I suggest you legal protection.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 25 February 2017

Dear Querist

The wife has many rights.

1. she may file a maintenance case against him U/s 125 of Cr.P.C. if she is unable to maintain herself and claim maintenance for herself and for the child.

2. She may file a complaint U/s 12 of Protection of Women from Domestic Violence Act-2005, read with section 18,19,20,21 & 22 of the Act and claim protection, right to residence/alternate accommodation, maintenance, child custody and compensation.

3. She may file a divorce case against him before the family Court u/s 13(1)(ia) of Hindu Marriage Act-1955 based on cruelty, if both the parties are Hindu and the marriage was solemnized under Hindu rites and rituals.

4. She may file a criminal complaint before CAW Cell/Women Cell for the offence of cruelty U/s 498A of IPC.

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