Moving to other accomodation with husband

Guest (Querist) 02 December 2010 This query is : Resolved
I have been deserted by my inlaws & husband, its 2 months now iam living with my parents, iam not earning,not working. I want to live with my husband but at a seperate house, not at my matrimonail house with my mother in law as she has tortured me alot,under mother's influence my husband has also ill treated & tortured me alot.I have tried my best to patch up with my husband, all counselling has failed.My husband is not telling me his intension,but wants a mutual divorce. Iam not ready for mutual divorce, iam ready to live with my husband but only if he shifts to other accomodation. Now i have filed a 125 maintenance case on my husband as he is not supporting me at all. My lawyer said that court will give me & my husband an opportunity to talk and try to settle things,and if it doesn't work only then court will decide about maintenance. Iam not earning a single rupee,not working,iam studying have joined a course,and its fees for two years is 1,58,000.My father is paying my fees. Iam living with my parents, and my father is working again after his retirement,he is 61 yrs and earn around 60,000.My husband is not supporting me at all, and he is ignring my calls and messages,he never tried to patchup with me.
Now my question is :- 1) Can my husband say this that i won't shift with my wife to another accomodation and nor i will give her maintenance, because iam ready to accept my wife only if she stays with me in the same house[ matrimonial house with mother]But if she is not willing to stay with my mother at her matrimonial house,i won't give her any maintenance ??? Can he say this ???

2) Can my husband say this that i can't afford other rented accomodation. {Altough the truth is he can afford}, And therefore even if iam ready to accept my wife she won't come with me, so i won't give her maintenance. can he say this ???? And if i say that after completing my course i can help my husband financially,by joining some job. Still can my husband deny, that he doesn't want to shift with me ???

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