Seema Bansal 04 July 2018

monetary dependence

I am married (14yrs) and having two children. I am B.tech engineer. when my marriage got fix, I had to left my job. after marriage I started tuition classes but that also I had to give up due to suspicious nature of my husband. now as I am completely a non working woman he also don't give me money to spend on my own. I am totally dependent on his mood. every time when he fights with me, I always got in fear of, what if he refused to bring me vegetables or grocery ( however it never happened. he always brought the households and grocery) )
he also threatens me of giving divorce. But due to my situation of my kids studies, I am not able to take divorce.
I want to know, is there any provision in law, abiding with which he had to pay me some money regularly for my expenses. as my daughter wants to take tutions , but he is not ready and I don't have money to pay fees.
pls tell how I can get some pocket money while living with him without divorce.
kindly help

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3 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 04 July 2018

You can file maintenance application in court for your self and for children. As you are B.Tech you may not get maintenance but children will get.

Vikas Tiwari (Advocate) 04 July 2018

Yes Legal Remedy is available.... Go for it only if no other options are available..... Try to resolve it amicably with the help of your family members....

If there is no other way to short out your problem then you have an option to go for legal remedy and file a case for maintenance against your husband.

It is the duty of husband to give financial support to his wife if she is not earning. Your husband is also under an inescapable obligation to maintain his children (understand all are minor).

Best of luck….

Vijay Raj Mahajan (Advocate) 04 July 2018

Going to Family Court for seeking maintenance from husband for self and children is very much possible under section 125 of the Criminal Procedure Code and definitely you will get relief there for self as well for children. To say that you being B. Tec won't get order for maintenance for self is wrong because for the time being you're unemployed and unable to earn livelihood because of family circumstance as mentioned by you. The responsibility of children is definitely on father that they must be provided sufficient amount of maintenance for them including their education. Now coming to issue what can be co sequences of going to Family Court for this relief, this can have affect on your marriage and your husband may try to defend this move on your part by filling divorce petition against you. Best solution is try to workout the issue of maintenance with your husband in an amicable manner through Mediation and Conciliatory process out of court.