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Maintenace from husband

Page no : 2

Laxmi Kant Joshi (Advocate )     09 October 2013

Swati ji I want to know one thing which strike regularly in my mind is that why your in-laws and your husband treating with you like this , even their relative too. pl. clarify it. 2. You don't worry that after conversion from hindu to muslim he will remarry, there is no such provision in muslim law & in sariyat also. if It is so easy then everybody become muslim and escape from hindu marriage act. 3. before he do anything you just made apolice report against your husband and yours in-laws , harassment for dowry, domestic violence for taunting , restrict for using house hold items , checking of mobile phone details & email details , insulting and abusing parents in front of you , restrict to do job. 4. beating of you and use abusive Language. 5. threaten to kill you and your parents.

swati (a)     09 October 2013

Respected sir,

As i have stated earlier that my in-laws and husband want me to be their slave only and that too forcibly.  They just want i should work and behave only as per their instructions only. These things are not acceptable to me.  when my in-laws has disowned my husband then why should i be their slave.  After disowning my husband  i have no obligation towards his parents and  my husband should understand this. but he is not ready to understand it.

When i have told them to take back this issue  they are not ready.

Now i want either a separate house  for me and my son or take back this issue or maintainence  for me and my son.

Because i also want my safety. they want their safety from all aspects either from financial or from social or from emotional. But they want their daughter-in-law to be unsafe and insecure always so that  i will  have no other way other then to be their slave.

My in-laws want to be on safer side that i can not claim money from them that's why they have disowned their son. In the same way i also do not want  to act and behave according to them.  They disowned their son only on papers to be on safer side. 

My husband and his parents are of same opinion. 

As far as relatives are concerned  they are their relatives,. They say that hum apni rishtedaari nahi kharaab karna chahte. kyuki agar mere in-laws vo kuch khete hai to my in-laws gets angry with them. So  they have cleared me the whole status. 

 

Laxmi Kant Joshi (Advocate )     11 October 2013

Swait ji , you want seperate house for you and for your son , without filing any case against them, then how will you get , they are not going to gift you , be brave and get your right from that shameless family through court .

swati (a)     12 October 2013

Respected sir,

Will court help me  in getting a separate house as there is no law which can force my husband.

My husband is working in a govt. dept on contract basis. Will it be helpful in ascertaining his income.

If my husband does not give me money for  maintainence then what action can  i take. Pls help.

Saurabh..V (Law Consultant)     12 October 2013

@Author, Firstly let me clarify that no Hindu man may convert to Muslim only for the purpose of getting married again. Such conversion is illegal in the eyes of law. Secondly if you need separate residence and maintenance, you are required to file an application in the court of law. Law exists to protect the rights of the needy and your wicked husband and in-laws would not be allowed to ruin your life. If you need professional assistance, you may contact me through Personal Messaging. //peace /Saurabh..V

Laxmi Kant Joshi (Advocate )     12 October 2013

Swati ji you file a case of domestic violence u/s 18 (for protection order), sec. 19(for residence order ) , sec. 20 ( for monetry relief ) , sec . 21 ( for custody of child order ) . 2. give full detail of your husband regarging his job , his designation , office address , his salary (keep proof with you) in your application. 3. if your husband stop giving maintenance , then again file an application in the court that your husband has stopped the maintenance amount , he may be prosecuted and sent to jail for disobeying the order of court . 4. engage a local lawyer for your case , he proceed your case in better way.

swati (a)     14 October 2013

Respected  Sir, 

PLEASE suggest some good lawyers regarding my case in chandigarh.  Sir, I belong to middle class family and do not know much about legal matters. People scared me by saying that involving in court cases is very cumbersome and costly deal. I have also two elder sister, no brother. So some time its very difficult for me to decide what to do now? Please help me out, by suggesting some really good lawyers. and also suggest me how I get justice for myself and my son.  I am suffering a lot due to my in-laws behaviour, they are just enjoying their lives, without caring for me and my son. It is only me and my parents, who are suffered, they are just enjoying as there is no monetary or social responsibilities on them.   Please suggest what can I do now ?

 

Saurabh..V (Law Consultant)     14 October 2013

@Author, In case of hardship in terms of money, you may seek Free Legal Aid from the court. The court would assign a good govt. lawyer as Amicus Curie for handling your case free of cost. You should approach local court and seek assistance for your case. All the best!

Laxmi Kant Joshi (Advocate )     14 October 2013

1. Swati ji had your husband filed a case u/s 9 of hindu.marriage act , i .e for restitution of conjugal rights? 2. I have gone through your all posts and I found that you are confusing and also feel sacred to file case against your husband and in-laws , if so then try a final chance if you think there is some possibilities of reconciling . Otherwise go ahead and file the case of dowry harassment , dv, DP, and in various sections of ipc as I had given you in previous posts . 3. I, aware you don't file divorce case first let him filed , if you filed first then burdon of proof becomes upon you and you have to prove all the allegations made by you against him , if you gets The divorce which you don't want you can't go for appeal. 4. Sorry I don't no any good lawyer in chandigarh . 5. If you have money problem to fight your case , you may seek from the court , The court would assign a good government lawyer for handling your case free of cost .

swati (a)     15 October 2013

Respected sir

No my husband has not filed any case yet.

My husband and my in-laws are enjoying their lives as they are not having any kind of responsibility or boundation  regarding me or ,my son.


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