Maintenace from husband

Originally posted by : swati
	Me and my husband has a dispute from the beginning of our married life. I have a 2 years old son. Actually my in- laws has disowned my husband  after we got married.  Ours is a arranged marriage. My in-laws has taken everything from my parents and my parents has fulfilled all their demands on our marriage. but later on they disowned their son.  They do not want that i should stay  in their house and keeps on harrassing me any way or the other like finding out mistakes in my daily routine work, insulting me in front of guests, insulting my parents and my relatives. My husband is in their favour. Now i just want to live separately from my in-laws with my husband only. But my husband do not agree with this.  My husband and my in-laws has started harassing me like insulting my parents, relatives, insulting me, using abusive language. Things go on worst when my husband stopped  giving me money for me and my son's expenses. We have daily fights on this matter. Actually my husband and my in laws want to control me totally. Like i can not do any job at my in-laws place and they also do not give me money. My husband also started beating me. I was tired of all these things and then i left my in-laws place and started living at my parents place.  What should i do now. Can i claim maintainace for me and my son from my husband?  Is their any law which abide my husband  to live separately from parents as they have already disowned him. Please tell me the whole procedure and process. How much it will cost as i don't have money. I am not working. I am at home taking care of my son. Please HELP

 @ Swati there is no law which can force your husband to live separately from his parents. laws can help you get maint. for your child and yourself  before divorce, provided he is proved to be at fault.

But any such case will eventually lead to divorce. Pl.  be sure that you have exhausted all possible  measures towards reconciliation and sought the help of elders from both sides before embarking upon  any litigation.

If you still find marriage to be unworkable.  apply for MCD (if possible) or contested divorce and maint under hma sec 24 or crpc125. Cost will vary from city to city. it will be better if you can hire some lawyer known to your parents or family friends.

regards ASHOK

you can file for maintenance from husband. please contact to local advacate

Respected sir,

As my husband is disowned then what does it mean?? When my husband is disowned then how can we live in that house. I and my son is his liability.It is his duty to provide shelter to us.

why can't we live separately.

Actually me and my family has tried many times  for reconcile but my husband and his parents gets more strong as they are from boys side and they want that me and my family should be their slave which is not acceptable to me.

My husband is in a private company and earning 26000 per month. How much amount can i get as maintainace.

Pls REPLY

1. At present where are you living at your parents house or with your husband ? 2. Why your in-laws are against you ? 3. Why your husband is disowned by yours in- laws 4. Once he is disowned by his parents then still he is living with them ? 5.are you in job or not ? 6. Had you ever made any police complaint against your in-laws and your husband regarding your harassment , physical torture made by them? 7. IT is your husbands legal duty to maintenance you and yours kid. he can 't escape from his duties and liabilities .8. if your in-laws disowned him from their self earned property then it is his duty to arrange accommodation for his family he can't move to provide such.9. What you want now to give divorce him or you want only maintenance .?

Dear Swati

my opinion on your queries are as under:

Can i claim maintenace for me and my son from my husband? 

Opinion: yes you can claim maintenance from you husband for yourself & for your son u/s 125 of Cr.PC or under Adoption & Maintenance act, or under Domestic Violence act.

 

Is their any law which abide my husband  to live separately from parents as they have already disowned him.

Opinion: it is natural law that when his parents disowned him then he can not live with him without their permission.

 

Dear Swati

it's only a trick to save yourself from women oriented law.

For best advise contact personally or over the phone

feel Free to Call

@Author

 

You are eligible to get maintenance from your husband. If he is earning (doesn't matter how much), it is his responsibility to arrange a residence for you & your child, as well as provide sufficient money so that you can lead a respectable life.

 

These are regular tricks played by grooms and their families to save themselves from wicked brides who extort them for money. If parents have disowned their son, it means now he cannot seek money from them. And you also loose all rights to live in that house. Now you are the sole responsibility of your husband.

 

Now if your husband does not want to live away from his parents, then let him pay for your expenses and you may continue to live where you want. Even after divorce and till you do not remarry, you are entitled for maintenance from your husband. If in case you husband earns 26K, then you are entitled for a sum which may be 10K to 13K.

 

All the best!

 

//peace

/Saurabh..V

Respected sir

1 Presently i am living with my parents .

2. My in-laws wants me to be their slave means i should work according to them only. They  want that i should not any job work only for them, still after that they dont give me money for my and my son's expenses. I can not talk to anyone. They dont allow me to use a mobile phone so that i cannot talk to my parents and share my feelings. If i used phone my husband checks my phone.  If i delete the number he checks the details on his Email ID. they just want i should be their slave only. and this all forcibly. earlier force was mental harassment only but  after that it became physical also.

3.They have disowned their son only on papers to be on safer side so that if we get divorced i can not claim anything. It was in the starting of married life. At that i was 4 months pregnant. they have left me at that time at my parents house. after 2 months they came to our house and have a fight with my family members and taken me to their home. Their they harassed me a lot. My parents were not allowed to contact me and if i contact them then my husband fights with me. later on my in-laws told me that this is their house and i should live their as per their rules otherwise go to  your parents house which i don't want but things go on worst they started calling my father and other relatives. I felt totally helpless at that time.

4. my husband is living with his parents and i was also living with them when i left the house. We are living  in parents house with them.

5 I am not working.

6 I have never made any complaint to   police regarding these issues. I have told them but my husband and my mother-in-law says that this is india . yahan kuch nahi hota  bail le k vapis aa jayenge. My husband threatens me that if i complaint then vo meri family ko barbaad kar dega. is liye i got scared.

7. I want to live with him as i have a son, i don't  want divorce but i want to live with him separately in his house only even in a rented house. but he does not agrees to this. If he is not ready to live separately then i want maintainence for me and my son.

Please help what  step should i take next.

Respected sir

If i live with my parents then also he is liable to pay me for the expenses or not.

 

Please HELP

Respected sir

It is a natural law that my husband cannot live at his parents place without their permission. It is only for their safety which they want but actually this is not the case. They are liable for our fights. My husband is totally under the influence of his family.

They have just disowned me only  so that i  have no right to use their property. And if i uses they taunts me one way or the other that i am using their things which actually hurts me.

My husband does not understands me  and  according to him i am wrong always.

@Author

 

Please see suggestions below:

 

1 Presently i am living with my parents .

 

You may continue to reside wherever you like. But please make sure that if in case your husband takes action like if he files Restitution of Conjugal Rights (popularly known as RCR), then you should appear in Family Court and represent yourself. You should inform the court that you are forced to live away from your matrimonial home and it is not your choice.

 

 

2. My in-laws wants me to be their slave means i should work according to them only. They  want that i should not any job work only for them, still after that they dont give me money for my and my son's expenses. I can not talk to anyone. They dont allow me to use a mobile phone so that i cannot talk to my parents and share my feelings. If i used phone my husband checks my phone.  If i delete the number he checks the details on his Email ID. they just want i should be their slave only. and this all forcibly. earlier force was mental harassment only but  after that it became physical also.

 

I'm glad to know that you are not against the institution of marriage and wish to continue with it. However, it doesnt mean that your in-laws can keep on insulting you and torturing you. You have all the rights to secure your health and well-being. Even you are entitled to separate residence if you do not feel safe to live at your in-laws house.

 

 

3.They have disowned their son only on papers to be on safer side so that if we get divorced i can not claim anything. It was in the starting of married life. At that i was 4 months pregnant. they have left me at that time at my parents house. after 2 months they came to our house and have a fight with my family members and taken me to their home. Their they harassed me a lot. My parents were not allowed to contact me and if i contact them then my husband fights with me. later on my in-laws told me that this is their house and i should live their as per their rules otherwise go to  your parents house which i don't want but things go on worst they started calling my father and other relatives. I felt totally helpless at that time.

 

Yes. It is general practice (as I stated earlier). This is cruelty but as you have already mentioned, I think it would be wise to keep your concentration in getting relief and not to get into any other legal complications. Although you are entitled for filing a case under S.498a of IPC and various other sections of IPC, but I think as you have made your mind to not to take divorce, it is expedient to keep calm and focus on getting your rights like maintenance etc.

 

 

4. my husband is living with his parents and i was also living with them when i left the house. We are living  in parents house with them.

You may continue to live as and where you feel comfortable. There is no harm to you, legally!

 

 

 

5 I am not working.

 

This is a genuine ground for maintenance. When any of the spouse is not working, the other is duty bound (especially earning husband) to not only support the other but also walk an extra mile to secure dignity for his partner.

 

 

6 I have never made any complaint to   police regarding these issues. I have told them but my husband and my mother-in-law says that this is india . yahan kuch nahi hota  bail le k vapis aa jayenge. My husband threatens me that if i complaint then vo meri family ko barbaad kar dega. is liye i got scared.

 

This is another thing you have to keep in mind. Whatever they say, laws are made for protection of the sufferer. Although this statement is correct to an extent that in India anything can happen. There a lot of sharp lawyers who can pull-out people from a dirty mess. But as I stated earlier, you should concentrate on your needs and not on wants. First you should secure your livelihood by way of maintenance.

 

 

 

7. I want to live with him as i have a son, i don't  want divorce but i want to live with him separately in his house only even in a rented house. but he does not agrees to this. If he is not ready to live separately then i want maintainence for me and my son.

Please help what  step should i take next.

For seeking maintenance for yourself and for your son, you have two options. Either file for maintenance as per Hindu Marriage Act (1955) if you are Hindu OR as per S.125CrPC. Even you can seek interim maintenance from him till your case is decided. Interim maintenance is generally decided quickly but if it is not decided ad you win your case, your husband would be required to pay the arrears. So you should immediately engage a lawyer and file a maintenance petition in the Family Court.

 

 

If i live with my parents then also he is liable to pay me for the expenses or not.

 

There is no issue on your location where you live. Your maintenance has nothing to do with your residence. You can opt to live wherever you want depending on your security and comfort. You are ELIGIBLE for maintenance.

 

 

If you are from Delhi, let me know. I can advice & guide you in your case!

 

All the best!

 

//peace

/Saurabh..V

Here I am writing  to be a practically scenario only. Fighting battle in court takes a long time i.e 4 to 5 years in lower court only and after that high court and supreme court may also be face. Practically, private work/job/ business of the husband might be very tough to proove actual income. Prooving the actual income of the husband doing private work is a very tough task. only Govt job holder husband' s income may be prooved easily. Now a days court of every states generally awarded Rs 1500-2000 per month maintenance to both. I think If you fighting the case seriously then Rs 1200-1500/- will be expenses towards advocate, court etc and whole day will be wasted on the date of court hearing. It's my suggestion please enquire the following :-

(1) Please contact the 8-10 applicants who have already file case of maintenance and ask regarding pendency /duration of case, maintenance awarded etc.

practically, after order of maintenance 90% husband did not pay the maintennace regularly. Please ask the 8-10 lady who have awarded maintenance and her husband did not pay maintenance . Execution of maintenence may turn into another case. 

Dear swati , you don't want to give divorce to your husband , you still want to live with him for the shake of your son , that's fine then collect some relatives from your side and same from yours husbands side and made talks on this matter. and find out a midway whom you both will follow , write down all the decided points whom you both are agreed and then duly sign. by you both husband and wife and also duly sign. by the both sides of relatives , and you both kept one copy each , this is only to creat social pressure on your husband . 2. if you want legal solution then you have to file police report against your in-laws U/s 498A, 323, 506,406 ipc ,DP3,4 , DV act . then your case will be reffered to caw cell where you give some evediences of their cruelty and before registering fir the ACP will give you a chance to cohabitat peacefully if they refused then fir will be registered .and your husband and in-laws will be prosecuted. then a long procedure go on to come out in bail and after that the court hearing will start , in between you will get intirim maintenance for you and your son .

Respected sir

We have discussed this matter with relatives many times.  From the fourth month of marriage this type of meetings were there. But at the end of the day no result was found. My husband and my in-laws became even more cruel towards me. I feel ashamed of all these meetings  and he had started taking benefit of this thing. On small issues he started calling my father and other relatives. I felt very bad. Later on when my father talked to his uncles(chacha) then a open discussion was there whereall the issues  were discussed and  result was  written and signed by me and him also. But later on my husband and father-in-law says  that k hum un sab baaton ko kuch nahi mante tune jis se baat karni hai kar le vo kon hote hai humara faisla karane vale. by hearing all this i stopped contacting them and  those uncles also had stopped taking interest in our matter. 

Its very true that koi kisi ka kab tak saath deta hai mai unki kya lagti hu jo vo mere liye kuch bole. With the passage of time they get involved with their respective life.

only  me, my son and my parents as well are suffering.

My in-laws and  husband are quite happy now.

When i was at my in-laws place my husband says me ki vo muslim ban k  second marriage kar lega.

Some times he even says me k he will go to abroad leaving me and my son. I got scared at that time. I feel very helpless at this stage.

Is this true that these laws are only in books but actually these are not implemented .Please HELP.