Judgements needed genuine domestic violence and seperation

You have to do your job to survive as your husband is doing. No excuse on it. Also you both are liable to maintain your child. Better don’t consult seductive lawyers, withdraw the case and resolve with your husband amicably by speaking personally.

Let seductive lawyers not to earn single paisa of you both. 

I would like to know the outcome of your case as on the one hand there are genuine problems that you are facing, but again there are limitations in accordance with law that you are educated and were earning in the past though not able to now.

Arthritis and low haemoglobin levels are common, what your lawyer suggested is this WRT critical illnesses.

"A. First diagnosis of the below-mentioned Illnesses more specifically described below: 1. Cancer 2. Kidney Failure (End Stage Renal Failure) 3. Primary Pulmonary Arterial Hypertension 4. Multiple Sclerosis "

The above are considered as critical illness, and if you have any of these you can claim rightfully stating your disablity to earn/do job.

Apart from that you can claim under DV act any maintenance only if an act of DV is proved.  Which means domestic violence has occured must be proved.

Now what is Domestic Violence according to DV act 2005 is..

"The Protection of Women from Domestic Violence Act 2005 differs from the provision of the Penal Code - section 498A of the Indian Penal Code - in that it provides a broader definition of domestic violence. [3]

Domestic violence is defined by Section 3 of the Act as[4] “any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it:

1. harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, s*xual abuse, verbal and emotional abuse and economic abuse; or
2. harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
3. has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or
4. otherwise injures or causes harm, whether physical or mental, to the aggrieved person.”

The Act goes on, through the section Explanation 1, to define "physical abuse","s*xual abuse", "verbal and emotional abuse" and "economic abuse""

If an act of Domestic Violence is proved only then relief, or else no relief.

Your child will get maintenance from the husband anyways.

I would like to remind you that you have informed the court that your child is also having many psychological issues having stress, migrain and is disturbed with family envoirnment issues and needs continuous attention and care.  

Your husband will definately seek custody of your child as it becomes evident that you have not been able to give proper care and environment to the child. Also since you are sick most of the time, he will aim to give you ZERO Maintenance and take custody of the child. 

Pls wake up, you are showing you are sick by adding the list....and this will close the doors for reunion with your husband if there is any possibility. 

Moreso you will have to prove the illness you are citing only then the court will consider and also the illness you have stated are the ones which many working men/women live with. 

To add.....hwoever if your husbands salary is 5L / Month as stated by you and if you can prove it in the court with legal income proofs then you have a chance to get maintenance despite you earning 15k pm so that you live in the same standard as before marriage. However you need to prove DV.