Divorce

Monica, no doubt your problem is a serious one. Frist of all You must approach to your in laws and through them try to pressurise your husband for earning.If they do not coperate you must try to become independent for your need. you have a legal right for separatly living in your husband,s   house and your husband is legally liable to maintain you and your doughter with respect. your problem is not a legal one, it is a social one. Try to get solution socialy. Divorce is not a solution of your problem.If there are other such circumstances in which you feel that your living is not possible  with your husband then you may proceed.Door of court is open for every body.

Thanks so much for your reply. I have been talking to my in laws since 2 years, but they have a very orthodox approach towards it. They just want me 2 believe in god & be patient. They are not at all being supportive of my working. N neither they are pressurising their son to work. N on the top of all, they say all wrong things about me, and not their son.

Actually, my husband is taking care of all my petty expenses, by asking from his parents. But i m scared about till when my laws are going to support me and my daughter. What would happen in case something wrong goes to my in laws.

In Hindu Marriage Act, there are 3 options for troubled spouse. (1) judicial separation: does not break the relationship of husband and wife but allows the troubled spouse to live separately without the obligation of fulfilling the matrimonial responsibilities.

(2) Restitution of conjugal rights:  Not applicable in your case.

(3) Divorce:  can be taken on several grounds.  But husband's idleness is not a ground.  But forcing the wife not to study and not to work may be cruelty and can be tried on that ground.  

Most of all, you think seriously what you want and inform us, so that we can help you out.

It may also be noted in the above said every judicial proceeding, the preliminary step is "reconciliation" and Courts will try to do that and failure of reconciliation, the case further proceeds.  

Thanks so much Sir, for your reply. I have a few doubts in my mind. First, in case of a divorce, who is liable to pay alimony to me. Is it my Husband, or my Father in law? I mean does a daughter in law have a share in father in law's property, when Husband is not earning? Secondly, if I want to stay separately in 1 house with my husband, then can i b forced to fulfill my responsibilities towards my Husband and Home? Actually, i m very concerned about my and mine daughter's future security. I can't see any hope regarding my husband's earning. So I want to be financially independent, as well as I want some assured shelter for me & my daughter. That's why i am concerned with my right in my father in law's only property ie house we all are living in.

In the event of after getting divorce, only husband is responsible to pay permanent alimony and  maintenance under under S.25 of Hindu Marriage Act.  Father in law is not responsible.  If one does not want divorce, but wants to get maintenance, she can move application under Section 125 Cr.P.C. or Section 18 of Hindu Adoption and Maintenance Act.  Again, in these two instances, only husband is responsible to pay maintenance.  As such it is no where that father-in-law has to provide maintenance in the case, when husband is not earning.  But, Section 20 of Domestic Violence Act says that the respondent has to pay maintenance.  If father-in-law would be made as respondent, who was harassing the daughter-in-law, there may be chance, but it is a difficult chance.

Next, if there is divorce, wife does not get any share either in husband's or father-in-law's property as the relations have been severed by legal procedure.

Second question: If the property is father-in-law's self acquired property, then daughter-in-law has no right on it, until and unless he executes a will giving whole or some part of the property to her.  If it is ancestral property, husband has got right till he survives.  If daughter-in-law survives her husband, then only she will get the share of husband.  In your case all these things are not possible.

In domestic violence Act, there is a provision for shared household.  If wife demands husband has toprovide shelter.  There is a hope for you in that Act, if you can prove that violence has occured to you in your matrimonial home. 

I have seen many such types of family with husband like yours, including my own niece. Divorce is the best solutions in such situations and start a new life before it is too late. Cruelity as a ground of divorce can be taken.

Thanks so much for your reply. I m very confused and shattered. My in-laws are being really smart with me, and my husband doesnt have any value of me in his mind. Can anything be done on the ground that my in-laws cheated with me, they hide their son's unemployment before marriage. On the top of all, they are not admitting in uptil now. They are trying to create a picture in my mind that their son is trying for work. But actually he s not.

Is there no law to protect a gal from cheating? My father spend all he had for my marriage, and in turn i got among these cheaters, with a gal child with me. My father in law is a very reputed social figure. Still he's exploiting a girl's life in his household. Please help me.

Again the same question - what you want?  Divorce or judicial separation or nothing like that, but stay away from husband and take maintenance.  You tell your mind and we will search for answer.

I just want 2 know that in event of a worse case ie divorce, will i be able 2 get a shelter 4 me or not? I m askin this question bcoz i m doubtful about it, as only husband is liable 2 pay as per law. And my husband doesnt earns. I just want my security.

After getting divorce, Sectin 24 becomes useless and you have to file an application under Section 25 of the Hindu Marriage Act for permanent maintenance,or Section 18 of the Hindu Adoption & Maintenance Act or Section 125 of Cr.P.C.  In all these three provisions, maintenance in the nature of payment is provided.  No Shelter (you mean residential premises) benefit provision is provided in these Acts.
 

As I said earlier, shared house-hold provision is there only in Domestic Violence Act.  If husband has got sufficient means, the court will force him to provide own house on rented house for the shelter of wife.  For that wife has to prove to the court satisfactorily that why she wants to live separately away from matrimonial home.

I am upset after going through her post. I do not know why people suffer like me when we want to settle it?

monica aprt from judicial advice i would like to advise u,u both sit together  asked him what he want to do [bahut bar aisa hota hain situation itni critical ho jati hain ki aadmi ki soch kam pad jati hain tab aap hi unka final moral supporter hona chahiye n dont tell him aap kuch nahi karte as per his qualification or his ability unko inspire karo aur EK BAAT HAMESHA DHYAN RAKHO WAQUT SE PAHLE AUR NASEEB SE JYADA INSAN KO KUCH NAHI MILTA. unkobhi lagtahoga kuch karna chahiye hosakta hain unko o platform abhi mila na ho.aap unki ummid ko moral support karo aapkao job miljayingi yesa bolo aur unko frustration se bahar nikalo this is first think.aur manse ye nikal dalo unko job nahi.kyonki ye aap manme karogi to aapke husband double frustretion me jayenge.agar aapke pass qualification ho to aap lead karo hosakta hain aapko saflta mile then waqt ke sath dono aage jayenge.aur ye issu aap apne famili ke sath tak simit rakho use publicly mat karo. DEFINETLY ACHH HOGA RESULT.

I WOULD LIKE TO ASK YOU A QUESTION TO THE PANEL OF LAWYERS.  MY QUESTION IS UNDER SEC.25 OF HINDU MARRIAGE ACT. WHEN THE COURT GRANTED DIVORCE U/sec. 13.  WHETHER THE COURT HAVE THE POWER TO GRANT  BOTH i.e. PERMANENT ALIMONY AND MONTHLY MAINTENANCE. U/SEC.25

PLEASE REPLY

mr rao,

sec 24 covers the period the divorce proceedings going on;

sec 25 covers the portion - after divorce.

when one apply for sec 13 for divorce or judicial seperation or rcr u/s 9 of hma, and in need of maintenance he/she has to apply u/s 24 alongwith or after sec 13. before the end the party has to apply u/s 25 for maintenance.

sec 13 & 24 may go simulteneously but after receiving the petition u/s 24 , judge has to decide it, at earliest possibility.