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Sangeeta Kumari (Principal IP Associate)     22 August 2018

Unhappy with marriage

I have a cousin who got married 8 years back. Her husband is not that with a good job. In starting years, he did not drink at all. But after 3 years of marriage and getting separated from parents , this hidden quality of him came out. They have two kids. He is not keen to earn even for his kids. 2-3 days only a week he works and earns. He is not ready to take responsibility of my cousin and his kids. He abuses and even violent on my cousin daily. She has no financial help from his husband. Her in-laws help her in need. Her father in law is a retired government servant. Now living with her husband is unbearable for my cousin. She wants to get separated. What is the best possible option for her so that she can get relief from tortures of her husband and get a reasonable amount every month so that she can spend it on the upbringing of her children. Please review and revert. thanks in advance



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 4 Replies

Adv Deepak Joshi +917017821512 (Advocate)     22 August 2018

She may file maintenance case under section 125 for herself and kids.

Maintenance amount will be depends upon income and life style of husband.

Sangeeta Kumari (Principal IP Associate)     22 August 2018

Thanks for the reply but her husband is not eager to earn only. She wants to get separated and want to get some amount from her inlaws to upbring her children

Kanishk Khullar   22 August 2018

She can file a divorce on the ground of cruelty and file a maintenance case for her and her daughter's upbringing; even if the husband is not earning the court on discretion may order the in-laws to pay a lump sum money for bringing up the children, on the grounds of 'equity justice and good conscience'.

SOLOMON.RAJ (advocate/director)     23 August 2018

sangeeta,

She can also file a divorce petition on the grounds of mental and physical harassment coupled with cruelity and you can seek a one time alimony amount.

Adv. Solomon Raj,
Attorney at Law,
Bharat Gaurav samman awardee 14
AICC National Legal Chairman.
email:rajcarey@yahoo.com
phn:9866545086

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