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lifeisbeautiful (searching)     12 January 2014

Need help

Dear Sir, Maam,

Need your expert advice on my situation. I have been married for almost 3.5 years now. In these year me and my husband had many diffrences and many a times i left his house and went to my parents place. These diffrences has increased recently and he has started showing complete ignorance towards me. Recently he asked me to leave his house and i am since 19th nov staying at my parents place and asked for mutual divorce in front of my parents. I have been asked to leave my job when i got married and take care of the house. My mother in law being a schizophrenia patient has mentally tortured me in these years by abusing me and my parents and accusing me for not able to conceive in all these years. My husband is a business man, my father in law in a financial chartered accountant. My husband monthly income is in lacs but he used to give me only six thousand and my father in law used to give me 4 thousand for my monthly expense. Since November last year from the time i have come to my parents house he has stopped giving me any money. I dont have any job in hand currently. What i can make out is that the entire family is very clever in dealing with financial matters. As per my father in law request, my husband had opened an account in my name of which i have no information. i do not know the account number and dont even have the pass book or cheque book. i have never operated that account. my husband transfer money in that account to pay his employee and also to show that i am working in his office and to pay me as well.But i have never recieved any money from that account. Also he purchased a car in my name, i dont know why, but i feel to save from some tax and all. 

I know to apply for divorce we both need to stay seperately for a period of one year. But i want to know, in the meanwhile till i am staying separate from him, is he not liable to atleast pay me my monthly pocket money for my living which he has stopped giving. What can i do to claim my rights. Also, i was not allowed to take any jewellery from my inlaws house before leaving. I want to know of my rights till the time i do not get a divorce as i feel my in laws are happy that they do not have to pay any penny from their pocket and also are safe from divorce for another one year.

Need your help urgently. Awaiting your response. 

Thanks,

Tanu



Learning

 14 Replies

Dr J C Vashista (Advocate)     12 January 2014

You may apply to the Court for your maintenance, if not earning, which you are entitiled as per status of your husband/ in-laws for whole of your life or re-marriage.  Find out the details of your bank account and issue directions to stop making payment from the account.. 

1 Like

Biswanath Roy (Advocate)     12 January 2014

In the LCI record you have been described as ASSISTANT MANAGER then how you can claim that you have no income ? You can get maintenance only when you have no income.  However, if you are entitle to maintenance you can file a case against your husband .  Contact a criminal Lawyer

1 Like

lifeisbeautiful (searching)     12 January 2014

Since i am new to this forum, i just updated my profile with my last designation. I was an Assistant Manager before marriage. My inlaws wanted a non working women so left job before marriage. 

Biswanath Roy (Advocate)     12 January 2014

Try to find out in which bank your husband opened the account in your name and operating the same illegally.When you will find the name of that Banker immediately you stop operation and lodge a diary in the local police station by taking help of an experienced lawyer.

1 Like

lifeisbeautiful (searching)     12 January 2014

Sir,

 

I know the bank and also the branch. I was asked to sign all papers to open the account in my post marriage name that has my husbands surname. After that they took the cheque book and pass book .All the amount transfered in that account is from husbands own account. he use that account to make various transactions. going forward he can say that he i have an account where i have certain lacs of rupees. also he has opened a joint account in HDFC bank making me a primary account holder but again i have no information about my account number or a debit card or any cheque book, plus the branch manager is his very good friend. My question again is , till the time i cannot apply for divorce for another one year, do i have a right on my husbands income till the time i am living separately at my parents house?

Biswanath Roy (Advocate)     12 January 2014

Yes you can claim money from your husband's income as maintenance during your stay at your parent's house.. For such purpose take help of an expert lawyer.

1 Like

Dr J C Vashista (Advocate)     13 January 2014

Madam Life is beutiful,

Since you have been changing your stance and stements appearantly you have been concealing material facts. Please stop this thread.

lifeisbeautiful (searching)     13 January 2014

Dear sir,

 

As i mentioned earlier , i was new to this forum and when i created my profile, it asked for certain facts which i mentioned. I amm not a kind of person who will conceal any facts to prove myself right. if  that would have been the case , i would have not been here in this forum. i needed advice and so i was  here. As far as my name and designation is concenrned, i do not want to disclose my name in public so changed it. And my designation was with my previous employer before marriage. so nothing is concealed. 

Thank you experts for ur advice. 

Regards,

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     13 January 2014

Dear,

You can file a petition for maintenance under Hindu Law and so far as the divorce thing is concerned, if your husband is not agreeing to mutual consent thing better file a divorce petition and ask for a lump sum settlement.

Your in-laws could also be prosecuted for 498A and 406 IPC and Section 12 of the DV Act if you are willing to file a FIR against them. Need not to take all the pain by yourself and set them right I would say.

Advocate Kapil Chandna

9911218741

Dr J C Vashista (Advocate)     14 January 2014

Proceed with clean hands and prove (in the Court) yourself as correct

T. Kalaiselvan, Advocate (Advocate)     14 January 2014

Life is beautiful.  The name suggests that you are a positive thinking person who can tackle all the issues boldly, courageously ad intelligently.   I remember  you saying that due to some petty quarrels you had been leaving your matrimonial house and would return after an interval.  So, whether can it be conceived that you are also one among the reason for the problems you are facing now?, Now you say that your husband opened a bank account without hour knowledge, an account cannot be opened without your signature in the application form, if you have the knowledge of such an account, approach the bankers directly and make an enquiry about the details in person and instruct the bankers what ever you has an idea about it.  In the present situation if it was your husband who had thrown you out of the matrimonial house, did you not protest the same? Have you not sought justice through an intervention of  elders of both the sides ?, If you say that if your father in law and husband are arrogant and do not want you to be in their house without any reason but they will not give divorce or maintenance amount, did not something make you feel that you have been done with a gross injustice ? and whether nothing prompted you to approach the law enforcing authorities for reliefs?  You must realise that you still have the rights in your husband's house as his wife and he is bound to maintain you or to pay you money for your maintenance until you refuse it.  You send a legal notice asking him to send you the monthly maintenance amount  and if you have to apply for divorce, you can very well do it on the grounds of cruelty now itself for which you donot have to wait for one year period of separation.  You can, in the notice itself ask him to return all your properties including the jewels which he had gifted you during your marriage as they are called as streedhana, over which you have full rights, in case he refuses, you may lodge a complaint against him with the police and for the offences of cruel acts done to you by him as well as your father in law.  If the car was bought on your name, it also belongs exclusively to you alone.  If you feel that a gross injustice was done to you, you may approach the women' commission too.  Before that, please make up your mind that whether you still have a chance to save the sacred institution called marriage between you and your husband.  See what best can be done about it and decide next course of action.

1 Like

Dr J C Vashista (Advocate)     14 January 2014

Stop this thread please, enogh is enough

lifeisbeautiful (searching)     14 January 2014

Thank u Mr. T. Kalaiselvan, 

you are absolutely right that one person is not at fault all the time. marraige is a two way union and both partner are responsible for the same. We have been facing compatibility issues from long...but along with that he has now turned completely indifferent towards me post november. I was aware of the account opened. i signed all d documents, however post that i have nothing to do with that account. i do not operate it. the entire cheque book was made to be signed by me in the begining and its with my husband. he use that account for various transaction. but also to add , all d money in that account has been deposited by my husband only. so ultimately its his money. what i did not like was why they could not open an account in thier name and opened in my name for all thier business transactions. like they did with buying of car in my name.Thanks for all your advice. i will wait for some more time and if nothing works will go forward with legal procedured. 

With all due respect Sir, Dr. Vaishista, i am only recieving certain suggestions to deal with my problem. If u think i am not genuine or u not liking this thread, u are free not to read the post.

Thank u all.

 

T. Kalaiselvan, Advocate (Advocate)     14 January 2014

@life  is beautiful,  you should not get agitated over somebody's opinion.  You cannot expect a favorable opinion always.  Here in this forum people do some noble service by sparing their valuable time to render valuable opinions, in the course the fact expressed by some experts will be a little bitter and hard to digest.  If you have opted to seek opinion in a public forum, you should  be prepared to face all  kinds of situations.  Sorry if you were hurt.

Now to you case, your husband in order to avoid paying extra tax, might have bought the car on your name, made you as a partner or an official in his company, there is nothing suspicious in his activities. Itis your duty to establish your rights and you should be aware that there are plenty of provisions to protect a married women's rights, so face all the situation with the confidence that you will get justice.

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