for maintainence
Madhavi
(Querist) 08 April 2009
This query is : Resolved
I dont want divorce but can i ask for judicial separation as i am having mental and physical torture from my husband for no reasons .
now i am staying with my parents alongwith with my 1 year old son
my husband not supporting financially me or my son for last one year .
can i get custody of my son and can i claim for maintainance from my husband
adv. rajeev ( rajoo )
(Expert) 08 April 2009
U can calim the maintenance from ur husband. U r already living seperately then no question of juidicial seperation. ur son is below 7 years u can claim the custody of the son from ur husband.
After having the custody of ur child u can claim maintenance for u and ur son. U can also file a suit for partition against ur husband in his ancestral property along with ur son, u have no right to claim share independently. If ur husband has got immoveable property u can get it attached the property by filing a suit for maintenance.
Madhavi
(Querist) 08 April 2009
I dont any kind of property from my husband .My only issue is that i am asking for 1BHK flat to be taken on loan basis and we both are earning .
Actually before marriage my inlaws had promised verbally for buying flat on loan basis .
so after three years of marriage when me and my parents are asking for flat that also on loan basis (i also will take loan ) .From then onwards my husband started mental torture like abusing me my parents .And few months back when i compromised and went he started physical torture also .
so went to stay with my parents alongwith child .
But he has not given me a single rupee for me or my child from June 2008 till date .And since i am able to do financially i also didnt ask .
Then now i want judicial separation and custody of my son .
But if I ask for this what chances I will get .
Can I also claim for the expenses did after June 2008 .
If he ready to buy a flat and not torture me physically and mentally i am ready to stay with him .
I had also asked help from Human rights but they only said of compromise to be done with husband .
Compromise i am also ready but i expect two things from one is he should do mental and physical torture and mental torture .
And other thing he should buy flat ( we both will be co-borrowers).
But my husband is not ready to buy .even though he alongwith me can buy 1 bhk .
Do you think this is wrong request i have made for flat
Pls suggest
Shashikant V. Patil
(Expert) 08 April 2009
Also you can choose to file a complaint to Police Station u/s 498 for a dowary harrassment or to file a complaint under the provision of domestic violence act specially meant for woman as you are sufferring by in-laws and husband. Also Mr. Rajeev correctly said about the child custody and maintenance.
Hiralal Das
(Expert) 08 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.
sanjeev murthy desai
(Expert) 08 April 2009
Dear Madhavi,
Marriage life is depend upon love and affection not on FLAT or money. If you realy loving him and your child dont presured him to buy a Flat. If You purhcased flat on Loan, after the due of EMI Loan, the loan peoples are harrasing and irritating you and your family when recovering their loan money. So take appropriate dicision for your valuable Future life.
Please one more time convince him for how much own flat is impartant for your family. I think he may be asking some time to purchase Flat. At Present situation is also very good to buy a new Flat beacuse Flats are very low rate. So convince him.
If he is not agree then you can take a approprite action from Law.
sanjeev desai
Tribhuwan Pandey
(Expert) 08 April 2009
You may file petition against your husband under Section 18 of the Hindu Adoption and Maintenance Act (if you are Hindu)for maintenance or
file a case u/s 125 Cr.P.C.
Child is already in your custody you not need to file a case for his/her custody.
Uma parameswaran
(Expert) 09 April 2009
In the second part of the question you have written that you are ready for comprimise if you demand is accepted.It is not correct.Comprimise means understanding each ones postion and do good to each other by taking a truthfull decision which is usefull to both of you.Your comprimise is one sided .It won't work.It is better to make involve experienced and eminent person to make comprimise.It is very acceptable your first demand.I think your second demand is giving high torture to your husband.If you are going legally also your demand is not going to full fill it will make lose parent's love to your child and some times mental agony to you.Your reason for separation is very simple and immaturity is there.Find out positiove side of your life with your husband.Give some patience to you.Try to live together first by Put your second demand in abeyance.Try to face situation tactfully and nothing will loose .Forgive your husband for physical torture and Try to change your demand for flat as your wish ,and put it into practice with the help of your husband.That way you can win in your life.
Y V Vishweshwar Rao
(Expert) 10 April 2009
The Opinion and the Views xpressed by Uma are Very good and the problem can be solved by mediation by the elders and welwhishers
MANISH
(Expert) 14 April 2009
Dear Ms. Madhavi,
Madam Uma's views are good.
I am impressed about that. She has suggested a good way out.
Still if the problem persists and nothing goes well, then you may file a petition u/s 125 CrPC for the maintenance before the ACMM / CJM for the maintenance.
SANJAY DIXIT
(Expert) 26 May 2009
I agree with the views made by my ld. friends.
