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M Swathi kumari (Private employee)     28 December 2017

Maintenance

Dear Sir,

Would like senior expert advise on my case. myself aged 43 years old married in the year 1992 to Central Govt services Person aged 50 now children Male 22 years, female 16 years old respectively. Married 1992 (HINDU marriage act)

We both got separated 4 years back. due to differences (without my knowledge fixed hidden Videos, cameras in our bedroom), from then till date my husband never looked back to us or provided with any financial support nor contacted us till date. while leaving us he had taken off important valuables and we were left with all scrap. I actually dint proceed legally as I had to take care of children education, at that time my daughter was 8th standard and son Btech 2 nd year. And I didn't want to waste amounts on legal proceedings. Now that my husband is seen in our colony, I tried approaching him, but literally, he said he is not interested in any household responsibilities. The reason we parted: since my marriage, he was always doubting me, I thought it's his nature and I never made any mistake so why should i worry on this. Later things went worse and he actually fixed some videos in my bedroom, which I severely objected..  My son had a discussion with his father on this and there too my husband started recording all the conversation in mobile. Then I was compelled to approach his office in Chennai and requested them to transfer him asap, henceforth within 4 days he got transferred. Being into Indian society and culture I never did any legal proceedings. Fearing in future my daughter might not get good alliance. just a few days back when my daughter approached him and actually she was going to the hostel and before going she met her father, I was shocked to see, that she was crying and he was taking her photos on the road.

Query : 1. what sought of action can I take against his acts?

2. I don't want to go for any divorce if we are not staying together for more than 4 years, can he easily get the divorce?

3. Can I demand him for the maintenance of my daughter education, marriage and rest all.

4. My son, he is 22 years can I claim any maintenance for him, as I wanted him to pursue his masters in Abroad.

5. I have been working for a private firm.

Looking forward for your advise.  

 



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 3 Replies

M Swathi kumari (Private employee)     29 December 2017

If I am approaching court, will he be suspended from his job or get arrested? On grounds of fixing videos, cameras in bedroom?

Vijay Raj Mahajan (Advocate)     29 December 2017

Firstly the husband cannot get divorce easily for the reason he is living separately for 4 years, he himself moved out of the matrimonial home not deserted by the wife and he cannot take advantage of his own wrong for seeking relief from the court. All his acts of not trusting and spying his wife show his acts of cruelty towards her. Negligence towards the family, ignoring and avoiding to provide maintenance for the family, especially for the children all counts for his acts of mental cruelty for which he cannot be allowed divorce on the ground of cruelty towards him by the wife.

 

Now coming to maintenance for the children, as far for the son who is 22 years the husband cannot be forced to provide unless he himself agrees to provide for the education of the son in the foreign country. As far for unmarried daughter, under the Hindu Adoption and Maintenance Act, 1956 the unmarried daughter can seek maintenance from her father even after attaining age of majority. U/s 20 of the Act, the unmarried daughter can seek maintenance till the time she is unable to maintain herself out of her own earning or other property. The father is supposed to provide for her education too under the provision of law.

1 Like

Sankaranarayanan (Advocate)     29 December 2017

we don't know the exact reason even gone through your points. you better to consult a local lawyer and try to patch up your matrimonial life  with the support of elders of the family

 

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