I, Pooja Gupta, was married in April 2008. Unfortunately, we did not adjust to each other thereafter. I filed a suit against my husband for maintenance under Section 125. I was married to a senior law officer of the electricity board, and he has relations with high-ranking individuals, including advocates, session judges, and many more. He also approached the judge handling the case under Section 125. Please suggest what I can do in this situation. Is there any procedure that would allow me to shift this case to another court in the middle of the proceedings?
From India, Ambala
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From India, Ambala
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Dear Pooja,
It would be better to discuss this issue with your own lawyer instead of asking the CiteHR members.
With Regards,
R.N.Khola
From India, Delhi
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424It would be better to discuss this issue with your own lawyer instead of asking the CiteHR members.
With Regards,
R.N.Khola
From India, Delhi
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Dear Madam, you are not entitled to any maintenance if you have remarried. You will also not be entitled to any maintenance if you are living in adultery. The case could be filed at any place, i.e., either where you were last living with your husband, where your parents lived, or where you are currently residing after separation. I could not understand the word "marroed." If it is the word "married," which I believe it is, please clarify whether you remarried after separation or you are speaking of your earlier marriage with an official of the electricity board.
You can, however, claim relief under the Prevention of Domestic Violence Act, which is more meaningful, less tedious, and effective. You can file a fresh complaint under the above act with the competent authority of the area where you are living. This Act ensures that your husband maintains you, does not oust you from the house, and looks after your interests as if you have not separated, including the maintenance. Please consult your local lawyer or a women's organization to know your rights. The case under Section 125 CrPC can be transferred by the interference of the High Court of your State.
Regards,
Adil/BA LLB
From India, Calcutta
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You can, however, claim relief under the Prevention of Domestic Violence Act, which is more meaningful, less tedious, and effective. You can file a fresh complaint under the above act with the competent authority of the area where you are living. This Act ensures that your husband maintains you, does not oust you from the house, and looks after your interests as if you have not separated, including the maintenance. Please consult your local lawyer or a women's organization to know your rights. The case under Section 125 CrPC can be transferred by the interference of the High Court of your State.
Regards,
Adil/BA LLB
From India, Calcutta
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You can get your case transferred to any other neutral place by giving an application to the high court. However, you have to prove to them beyond doubt that you will not get justice if the case is fought in the present court. Consult a good lawyer.
From India, Delhi
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From India, Delhi
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Dear Pooja,
Firstly, I do not agree that this issue should be discussed on this site. Also, my perspective may differ from others who advise you to pursue legal action. If you could not adjust with your husband, it indicates you are an independent thinker and confident in yourself. If so, then why are you seeking maintenance through the court?
If you are confident, search for a job and become independent. Think of the future rather than pursuing legal issues. Meet women who may have gained temporary recognition by filing suits against their husbands and in-laws, but what happens after a year or two? They may have damaged their reputations and struggled for survival.
So, again, be true to yourself and think about your future and how you want to shape it. Discover what you excel at and start searching for a job, possibly in another city or town, to have a peaceful life where you might also find a suitable partner. Don't complicate your life.
From United States
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Firstly, I do not agree that this issue should be discussed on this site. Also, my perspective may differ from others who advise you to pursue legal action. If you could not adjust with your husband, it indicates you are an independent thinker and confident in yourself. If so, then why are you seeking maintenance through the court?
If you are confident, search for a job and become independent. Think of the future rather than pursuing legal issues. Meet women who may have gained temporary recognition by filing suits against their husbands and in-laws, but what happens after a year or two? They may have damaged their reputations and struggled for survival.
So, again, be true to yourself and think about your future and how you want to shape it. Discover what you excel at and start searching for a job, possibly in another city or town, to have a peaceful life where you might also find a suitable partner. Don't complicate your life.
From United States
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