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Priya (Associate)     02 August 2013

Maintenance for kids

Hi,

  I have been married for 3 years and have 2 little girls. My husband is not supporting me financially right from marriage and i suffered a lot in this marriage (verbal, physical abuse - beating me in street itself) I am working in IT and earning decent amount. He has started business now but he has property in his name which was settled by his father. 

I am planning to put maintananence case for my kids expenses. Here are my doubts.

1. If he says he is not earning much, then do i need to show his property details.

2. Is there anyway to get one time settlement for kids instead of monthly?

3. If he transfres his property to his bro just for this case what should i do?

4. Under which section I have to file since I have evidence for he beated me?

 Please help me



Learning

 4 Replies

Ranee....... (NA)     02 August 2013

Originally posted by : Priya


Hi,

  I have been married for 3 years and have 2 little girls. My husband is not supporting me financially right from marriage and i suffered a lot in this marriage (verbal, physical abuse - beating me in street itself) I am working in IT and earning decent amount. He has started business now but he has property in his name which was settled by his father. 

I am planning to put maintananence case for my kids expenses. Here are my doubts.

1. If he says he is not earning much, then do i need to show his property details.

Yes, but it will only work if he earns from the property.

2. Is there anyway to get one time settlement for kids instead of monthly?

No.

3. If he transfres his property to his bro just for this case what should i do?

if he has not done it then get an court order.

4. Under which section I have to file since I have evidence for he beated me?

Domestic violence.

 Please help me

Adv. Chandrasekhar (Advocate)     03 August 2013

1. If he says he is not earning much, then do i need to show his property details.

Yes. You have to tell the court which property he is holding.  The court will direct him to produce the property details, as they will be in his exclusive possession and none except he has the custody of the papers related to property.  You have to tell the court also where he is working.  The court will, at the instance of your advocate, call for the records of the salary register from where he is working.  You have to explain the coourt in your petition that how much amount that can be drawn by renting out, if it is a house or how much it can yield, if it is an agricultural field.  Just by mere his saying that he is not earning and the property does not derive any amount will not be believed by the court.

2. Is there anyway to get one time settlement for kids instead of monthly?

  Yes.  Normally it is monthly.  If you show that he is in a position to pay lumpsum, you can ask the court for payment taking rough calculation of children's expenses till they attain 18 years age or if the children are girls, till they get married or employed themselves.

3. If he transfres his property to his bro just for this case what should i do?

Under Domestic Violence Act, you can get order restraining him to dispossess the property to any one.

4. Under which section I have to file since I have evidence for he beated me?

You can file maintenance case under Section 125 Cr.P.C. or under Domestic Violence Act.  If you are interested under DV Act, you can ask and get the residential rights to live with your chidren in the above said property without any intimidation on the part of your husband.

Shantilal Pandya ( Advocate)     03 August 2013

You can also file a civil suit for maintenance of your children under section 20 of the Hindu Adoption and Maintenance Act, you can also pray for restraint order against transfer of the property held by your husband ,the charge  can also be created over the property so that the maintenace can be secured even if the property is transferred .but remember you are also under a legal obligation to maintain your children if you have the  means to do so ,

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     03 August 2013

Dear Priya

no need to worry, you can file a petition for maintenance u/s 125 of Cr.P.C or u/s 20 of HAMA, if the property is ancestral then you can file a suit for partition or suit for injunction under order 39 rule 1&2 of CPC


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