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Lawyer38   23 March 2024

Divorce and maintenance

Dear experts, want an expert advice on my below query.

Iam a married woman since Dec 2014. I live with my husband, his mother and his unmarried brother since then. Before marriage I had a boyfriend which I already told to my husband before marriage and he said i am not concerned about your before marriage life i am only concerned about your after marriage life. In jan 2015 we got the news that i'm pregnant which my husband was not happy.

1. 1st allegation he put that this baby is not mine for which I got very much hurt and said you can do DNA TEST if you want. My thyroid level got very high during that time and I was not very happy after long fight with my husband and discussion with my parents I decided to keep that child. 

2. During my 5 months of pregnancy my husband was fighting with me like cats and dogs. My mother came to take care of me but then also he was blaming me infront of my mother that " your daughter character is not ok". He also written many mails to my father saying the same thing. I was crying day and night during that time not to mention I recently joined the new job which was very difficult phase of my life. 

3. During that time my husband with his mother and his cousin sisters with their mother planned to visit outside Bangalore he also said me to come to which my mother and me said no as it was in my first trimester and there are lots of chances of miscarriage. My husband compared me with labour wives who does so laborious work day and night still gives birth. I got hurt and my mother was fighting with my husband. During that time my husband left me with my mother at home and they ( my husband, cousin sisters, my mother in law and her sister) all went for 3 -5 days for trip.

4. After 5 months of my pregnancy I went to my parents place for delivery during that phase also he was fighting me over phone and chats and causing me mental problems. My mother told me to ignore him and pray more it will give me more power. During that time my cousin brother was staying in vadodara ( my hometown) in separate house but he was coming and going at my house as my father was working so I may need some medical assistance. During that time since i want some mental peace and i wanted to talk with someone nice i was messaging my boyfriend. I given birth to a baby girl after which my husband saw that she was totally look like my husband so he didn't said anything. My husband was for forcing me to come to Bangalore but my parents said mother body needs time to recover and till 4 months I was there in my parents house.

5. After 3 years My husband hacked my google account and whatsapp and found out that i talked to my boyfriend 3 years back and he fights with me, he hitted me on my chest after that I called police but due to neighbours involvement I didn't submitted any case. We mutually agreed that I will not talk to my boyfriend. After that incident I forbid myself to talk to any of my friends thinking my husband don't like it. But during the course of our marriage I realised that this was only one topic of fight, Our fights never ended I realised that my husband is dominating me in every aspect. During my second pregnancy when I was in my hometown in Vadodara my husband without my notice bought his cousin sister and her mother home in Bangalore. I came to know when I caught her in Video call. 

6. I use to put a general " Happy Birthday " message on the FB Timeline of my boyfriend on his birthday and thats it. After 9 years of marriage I was unhappy as I have to leave job (I was a workaholic) for taking care of my two kids and my husband is not caring for me. After he comes from office he is involved in Online carrom games or chess games. At night he is sleeping with my elder daughter in different room and I have to sleep with my younger one in separate room. The only time he come to me is when he feels any pain (muscle pain or headache coz Iam a good massager). My husband also forcing my elder daughter to give many competitive exams due to which she feels very pressurized but she is scaring from her father and also loving him she always want to make her parents proud so is taking such pressure.

7. I used to feel very rejected and lonely one day my boyfriend messaged me in Facebook about my wellbeing I said "Iam not happy as I had no job and I became 100% housewife" then I realised I should not talk to him so I messaged him Iam out with my kids will talk to you later. My husband saw that message (as he is hacking my accounts regularly) and now blaming me that I broke his trust. He also written long and pathetic mail to my father and had a good fight with my father as well. He insulted my father infront of me (which as a daughter it is very difficult for me to digest as my father is now 62 years and is retired Airforce personnel and very good in personnel relations).

8. Iam right now taking Bharatnatyam classes and one day I invited my Guruji to have lunch at my parents place ( my parents now lives in same society where we are staying but indifferent houses) when my husband came to know about this he became very angry and said why you invited a strange man without informing me to your parents house. He became so furiated that he called my sir and scolded him a lot. I felt so ashamed and humiliated.

I want a divorce from my husband now and need to clear the following things.

A. Can I claim compensation for mental harassment from so many years?

B. Can I claim monthly maintenance from my husband if yes "HOW MUCH" ?

C. What about my kids (8 years and 4 years girls) who will get custody ?

D. Can I claim Share in my Husband's Property/ies ?

If anyone can share the Law sections in favour of my case please share it as I had completed my LLB and would love to read.



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     23 March 2024

1. There is no provision in law to claim any compensation for mental harassment.

You can file a domestic violence case in which you can plead such things as acts of violence and can claim compensation for such violent (even if it is mental cruelty) activities.

2. As far as monthly maintenance is conserned you can claim provided you are not employed and do not have any source of invcome to sustain your expenses. Whatever you can claim maintenance for your child.

How much you can claim maintenance will depend on his proven income, out iof which the court may grant at least 35 % to both of you as monthly maintenance amount,.

3. If the kids are under your care and custody now, then let him file an applicaiton for child custody, which you can challenge on appropriate grounds 

4. No, you are not entitled to claim any share in his properties as a right. 

If you have completed LLB then it will be easy for you to search for the laws involved in this by yourself because it is your own subject, charity begins at home.

 


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