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kavi (housewife)     07 September 2014

Maintanance not given

please help me .....

my husband harassed me mently and physicaly as well as my daughter who is 18 years old causes of this

me and my daughter live sepratly from one year and now without divorce my husband marriged with another woman 

my husband is in goverment job .

please help me and suggest me what can i do for fight with him in court and also i want 

maintenance because i have no source of money that's why my daughter can not continue her study .

please suggest me

in which process i can get maintenance .....



Learning

 2 Replies

Prasad (Systems Engineer)     07 September 2014

Hello Kavi,

 

A housewife should live with her husband.

And that too, when you have a daughter, you should live with your husband.

Most members of this forum hope that marriages are saved than broken.

So, for your daughters good and your good, win the heart of the man with whom you have lived for 19 years.  Get the help of your parents and in laws to bring back your husband.

 

You are not newly married. You daughter is 18 years old.  So, you are married for at least 19 years now. And you have mentioned that you are not living with your husband for one year now. But, why have you mentioned your role as housewife?

Instead call yourselves as a proud woman who takes care of her daughter lonely.

 

As you have ignored your husband and living separately for one year, your husband has married another woman. If you have not wanted your husband to marry another woman, you should not have left him.

 

If you have proof for your husband's new marriage, you should file adultery case on him and demand divorce. And also advertise his behaviour to his relatives and friends so that he is not able continue with his new marriage.

 

If your husband is in Govt job and if you want money from him for your daughter's study, then send your daughter to her father so that he can take care of her studies.

 

You live alone and earn for yourselves. Why you want to take money from a person who harassed you mentally and physically? That will not look good. Have some self respect as a woman and earn for yourselves. Do not fight for maintenance from a cheater who has done adultery.

 

Teach your husband a lesson by filing adultery case on him and get divorce. Do not take money from him even if he gives you. Do not forgive him if he decides to cheat you and continue to live with the new wife.

 

For more legal help to fight the adultery case, contact a lawyer and file a case. For more legal information, ask more questions in this forum when required.

 

Adv. Chandrasekhar (Advocate)     07 September 2014

For maintenance of yourself and your daughter, you can file maintenance case under Section 125 Cr.P.C. and in that file for interim relief.  Within three months you start getting maintenance.  Now about bigamy, you have to pause and think it over.  You have two remedies.  First you can file a complaint in the criminal court and he will be in a big soup.  Next, in addition to the criminal complaint in the court, as he is in the goverment service, you can also file complaint in his office.  They will hold departmental enquiry and if he found guilty, he will be terminated from the services and along with that your maintenance also stop or it will be minimised to bare basic.


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