What are the legal rights of women living separetly

file a petition in the high court praying for speedy trial under sec 21b hma.with the income tax returns and other proofs of your husband salary file a modification petition in the court to get the maintenance revised.

I don't agree with the above advice, because S. 21-b is not applicable as no HMA case is pending.  So no need to go to H.C.  What she has to do is to engage a good advocate, so that the counsel can convince the judge on the basis of various HC and SC judgements that the necessity of calling the property information from the husband and also  his IT returns to determine the question of maintenance amount to the child.

Originally posted by : Adv. Chandrasekhar
	I don't agree with the above advice, because S. 21-b is not applicable as no HMA case is pending.  So no need to go to H.C.  What she has to do is to engage a good advocate, so that the counsel can convince the judge on the basis of various HC and SC judgements that the necessity of calling the property information from the husband and also  his IT returns to determine the question of maintenance amount to the child.

Thanks for reply. The advocate that is handing the case is saying it is not legal to produce returns document by the applicant. Is he saying truth?

It is been more than a year but no progress have been made by lawyer. The respondent said he don't want to live with her nor does he want to take the responsibility of kid in lok adalat but judge did not care about note down the statements he gave. 

 

 

 

 

 

Originally posted by : saravanan.s
	file a petition in the high court praying for speedy trial under sec 21b hma.with the income tax returns and other proofs of your husband salary file a modification petition in the court to get the maintenance revised.

Thanks for replying. No maintenance have issued to her yet. Is it legal for her to produce these documents. The lawyer asked for document in written from respondent but he denied to provide such proofs.

You did not replied on what options she has to secure the future of child?

She cannot supply the information or produce documents about husband's income as they are in exclusive custody of the husband. Once she moves appropriate application the court is duty bound to direct the husband to produce these documents. If her advocate cannot do this much, then better to change him.

Better to sit and  talk with husband instead of showing ego and spoling kids life.  or you can do one thing, earn more than husband and take care of kid and yourself and lead posh life.

I suggest, you earn more money, work hard, men and women are equal.  Women are no longer confined to kitchen work.  SO WORK, EARN MORE, FORGET FREE MONEY OF HUSBAND.

Originally posted by : Gyan Prakash
	Better to sit and  talk with husband instead of showing ego and spoling kids life.  or you can do one thing, earn more than husband and take care of kid and yourself and lead posh life. I suggest, you earn more money, work hard, men and women are equal.  Women are no longer confined to kitchen work.  SO WORK, EARN MORE, FORGET FREE MONEY OF HUSBAND.

Thanks for the suggestion.

She had tried this many times but husband want to get married again and leave her and his kid. He even did not asked one time about kid in duration of 3 years.

Since, you are working, you can not demand maintenance for your self under section 125 of Cr.P.C. Although you can demand the same for your child.

Maintenance under Domestic Violence Act may be admissible.

In any case you will have to provide evidence of proof of his income. If you have income tax return, you can show the same as evidence in court.

It seems you case is not of Delhi. Here, it is compulsory to provide affidavit of all income and expenditure in terms of Puneet Kaur judgement of High Court of Delhi. It includes all detail of Bank Account, Credit Card, normal mode of travel in city and outside, etc.

Appoint any good advocate to help.

Regards

 

Goutam Prasad

Advocate

 

Mob: 9810753838