Maintennance

Querist : Anonymous (Querist) 26 July 2018 This query is : Resolved
My husband is very abusive and does not want to divorce me. If a lawyer comes along with my relative to get me released from my marital home and drop me to my maternal home for security reasons. When I apply for a divorce, can I still claim maintenance from him as I will be leaving my marital home without his consent ?

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Sudhir Kumar, Advocate Online

(Expert) 27 July 2018
it is you who has to call police.

none can rescue a woman who is not taking recourse to police.

Vijay Raj Mahajan (Expert) 27 July 2018
If your husband inflicting cruelty upon you that has made living with him in matrimonial relationship difficult, than you should move ahead in life by firstly moving out of the matrimonial home, secondly filling for divorce on the ground of cruelty. You can always seek maintenance from your husband during the pendency of the divorce case as well after that is decided, provided you do not have sufficient means to maintain yourself and he has sufficient means to provide you the financial relief.

If you are not comfortable at your matrimonial home need not go back if already left it either with relatives or lawyer etc. the troubles will not end like this rather aggravate after all this drama that you propose or being advised by your relatives.

Guest (Expert) 27 July 2018
Call 100. Report police. if no phone write email to police to help you save from maar peet of husband. I disagree with vijay advice. alimony etc later first file DV case against your husband.

Dr J C Vashista (Expert) 28 July 2018
File a case u/s 12 of the Protection of Woman From Domestic Violence Act, 2005 through a local prudent lawyer.

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