Neha Chowdhary (Law Officer ) 13 January 2012

Maintenance under hindu law

Dear All,

Regards,

i have a query on Hindu Marriage Act.

A girl got married as perr Hindu rights and customs and starts co-habiting with her husband. Her husband is very loose tempered. Her elder sister-in- law was of very much interest in her personal life. Her sister-in-law was also very short tempered and always used to initiate quarrel with her mother-in-law and with the newly married. In overall, she is having hold on all. After 1 month of marriage, sister-in-law had a miscarriage as she is having tumor in her ovary due to which she was left with no other option other than to terminate preganancy. For this unfortunate event she crused newly married and used to call her "Upshaguni" "Badshaguni". She balmed her, that she is of white foot steps and because of her foot steps in home,all this happend and she is one, beacuse of whom she had miscarriage.

That girl used to do all household work alone and the home members are 11 in numbers. Even though also, all she got was foul language of sister-in-law.

All this scence occured within 2 months of marriage.

and from then onwards, her sister-in-law and all family members starts behaving very rudely with girl.Even her husband also started behaving rude as he is in full control of sister-in-law. That girl, returned to her home town after 3 and half months and because of the rude behave of inlaws she fall ill and was bed ridden for 2 months. During this 2 months period she was with her parents only. She requested her husband and her mother in law to stop her sister-in-law as all her missbehave effected her health very badly.But all was of no use.

Then, after 2 months, her husband came to take her back to matrimonial home. She again requested her husband to stop his Bhabhi and requested her to behave properly.But,to her utter surprise, her husband took favour of his Bhabhi and completely neglected her wife. When, she objected on this, he started quarrel with gilrs parents and used very aggressive and foul language. After this scene also, girl was ready to go with her husband.But, he refused to take her back and left saying that I dont want such a wife.....His luggage still lies with parents of that girl.

Now, from last 11 months,(Her marriage completed 1 year and 2 months) that girl is with her parents only and her husband wants divorce from her. Her in-laws never bothered to patch up matter and are saying that they dont want such girl in theri life, who dont respect their family members. All this is happening because of her sister-in- law who dont want her back in home.(That bhabhi right from the day one peeps in the personal life of newly married couple and used to ask initimate question daily).

Sir, that girl came to me in very hope and asked me what can she do in order to get back her right. She is unemployed as of now and her parents are maintaing her.

How can I help her in getting her rights back? How can she get maintainace from her husband as per Hindu Marriage Act? Can she file Police complaint againt her sister-in-law and her husband?If yes under which provision of law?

please help me and guide me...as u all are experts here....

Regards.

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2 Replies

Sanjeev (Lawyer) 14 January 2012

The action that she would take on the husband and family depends on the decision she has made about her future:

1. If she want to reconcile and think that the relation can be worked out then would be wise to involve some common neutral relative and arrive at a solution this may result in reunion and her joining her husband back.

2. If the reunion is not possible then it would be good if they seperate taking Mutual consent divorce and reasonable alimony and return of any articles given in marriage to boy. This is the fastest and best alternative instead of running around courts and wasting time and money in courts.

3. The last option is the legal one - she can claim maintenance u/s 125 from her husband and if she is unemployed or is not earning sufficent to maintain herself the court would grant the same.

4. The police complaint that you asked about would mean filing Sec-498A that is a serious section and would prove deadly for the husband and family initially. This seems not relevant and would destroy any chance of reconciliation. I do not recommend filing this complaint.

5. The other option is claiming relief under Domestic violence Act , the reliefs that can be claimed are maintenance, Shared household( accomodation) etc.

The best way is to seperate or join together mutually else it would be a long drawn legal battle.

K.P.Satish Kumar (Advocate) 14 January 2012

If a girl is subjected to dowry harassment then she can file a 498A complaint in police. If she subjected to domestic voilence then she can file a petition to the protection officer of DV Act. A hindu girl is eligble to get maintenance for her until she get married or up to life if she has not married any other.

to get free divorce and maintenance advise for the top divorce lawyer call 9884559660.