matrimonial matters
Querist :
Anonymous
(Querist) 12 April 2010
This query is : Resolved
Dear Sir/Madam,
We are married 7 months back (arranged marriage) . Now I am residing with my wife along with my mother-in-law and father-in- law who are also Government servants drawing 28,000/- pm each. I am a software engineer drawing a salary of Rs. 10,000/- pm whereas my wife is a (teacher) permanent state government employee drawing Rs.20,000/-pm and got an arrears of Rs.2,00,000/- one month back. She handover all her earnings to her father and mother and states that I (the husband) have got no right over her salary. Since my wedlock, my wife did not show / give even a single Rupee. Apart from that she compelled me to incur each and every expenses ranging from petty to huge expenses. Due to this bad behavior of my wife, sometimes, I get money from my father and mother or from my friends to manage.
Additionally she allowed me to have sex only for 30 days from the date of marriage during which I strongly believed that she abort my heir with the help of her mother and father. Since then she does not allow me to have sex (for the past 6 months ) on the instigation of her mother and father. As I strongly hope that she is acting according to the direction of her father and mother, I compelled her to have a separate residence to run the family smoothly and peacefully without the interference of either of our family members. She bluntly refused to have a separate residence. My father and mother do not interfere in my family and they are away from me. She did not agree to get remedy through court.
Please kindly advice me on following points with relevant sections of Criminal law, IPC, and Hindu marriage act.
1. Can I demand or get her salary to meet out/share the family expenses.
2. Shall I approach the Court to get back my wife’s salary etc. even without the consent of my wife.
3. Shall I file a case against my wife, her father and mother under criminal acts for making abort.
4. Shall I file a case for sum amount of money for creating a mental torture/cruelty for not having sex against my wife, her father and mother in the appropriate Court
5. Shall I compel her to have a separate residence away from now and thereby to avert their interference through the Court?
Regards
petchimuthu
sellamperumal@yahoo.com
A V Vishal
(Expert) 13 April 2010
1. Can I demand or get her salary to meet out/share the family expenses.
Ans. No
2. Shall I approach the Court to get back my wife’s salary etc. even without the consent of my wife.
Ans. Not possible
3. Shall I file a case against my wife, her father and mother under criminal acts for making abort.
Ans. You can file complaint for the abortion.
4. Shall I file a case for sum amount of money for creating a mental torture/cruelty for not having sex against my wife, her father and mother in the appropriate Court
Ans. It amounts to cruelty but you cannot demand money for that.
5. Shall I compel her to have a separate residence away from now and thereby to avert their interference through the Court?
Ans. Legally yes you can compel her through a court of law.
Adv.Aiyer VLV
(Expert) 13 April 2010
1. i doubt case on abortion. Ia the law clearly giving right to husbands to give permission or women can abort for their own sake.
2. why you want to ask her to live with you in separate residence, do you think you can afford all expenditure, with her money being hers.
Better separate from a person whom you can not live with, not even for money you stay. you live together only if there is love
nidhi kalia
(Expert) 13 April 2010
I DO AGREE WITH MR. RAJ KUMAR MAKKAD
Querist :
Anonymous
(Querist) 13 April 2010
Dear expert sirs,
Now, I am very happy from all your opinion and advice and have a strong hope that the hindu laws protect every husband's right over the creation of legal heir through his spouse.
Till now, my wife do not give her consent for separate residence through our mutual understandings on the instigation of her mother and father who are very keen on getting the pay of my wife. I shall approach the Court to establish my right.
Two more querries I humbly put forth before you sirs,
1. Even if I am living with my wife in a separate residence, shall I demand her salary to share the expenses of house rent etc. While criminal acts and hindu matrimonial acts give protection to wife in all respects like a godess, shsll the husband have no right to share the salary of his wife, sir. Please kindly calrify.
2.She allowed me to have sex only for 30 days from 3.9.2009 and after that not allowed me for sex till now because of the fear of concieve through which I strongly believed that she abort my heir with the help of her mother and father. Now, I came to know and suspect on the ground that my mother-in-law's activity of supplying a tablet per day in the morning regularly during that period of 30 days saying that it is a vitamin tablet. After a lapse of 7 months is it possible for find out the real fact through medical examination. Also could a complaint be filed agaist the concerned.
Thanking you, sirs.
Suhail suhail
(Expert) 13 April 2010
Well my friend your problem seems totally social rather than legal,it is family affair why to bother courts with such issues which is personal and bed room,don feel offended but shall i say one thing;"why should a man keep eye on woman's money instead if you really feel offended by the acts of your matrimonial relationship,better to talk frankly and openly to your wife why to create a third party interest;listen dear when you let your wife to carry on her job did you told her that she has to pay the salary to bear expenses of family,if yes then she is not right,and if you really feel bothered by her paying her salary to her parents instead of you there shall be some conditions too,do you get your personal life disturbed,you feel you don't get respect from her or she does not fulfill her duties as a wife,then you should look for solution.Our country is made of traditions,a land having on its back the culture of thousands of years which one should know how to maintain and keep the sanctity of relations,respect and traditions in its proper lanes before we start compromising on the commercial purpose which can blow off the peace.Better is to be understanding and supportive purely on justified conditions as that is the basis of every relation.
rest legally you are replied already.......
Parveen Kr. Aggarwal
(Expert) 14 April 2010
Mr. Anonymous,
No legal provision creates an obligation for a lady to contribute for household expenses out of her income and as such, you cannot demand any amount from her salary.
Regarding abortion, you can file a complaint but you will have to prove your allegations.
Adv.Aiyer VLV
(Expert) 14 April 2010
My point on husband's permission is needed stays as it is.
MTP Act, 1971 says only permission is needed from the pregnant woman.
(a) No pregnancy of a woman, who has not attained the age of eighteen years, or, who, having attained the age of eighteen years, is a lunatic, shall be terminated except with the consent in writing of her guardian.
(b) Save as otherwise provided in clause (a), no pregnancy shall be terminated except with the consent of the pregnant woman.
Whether 312IPC case can be initated against her - explanation 2 to sec3 of MTP Act is a loop(copperT!) hole
regards
Querist :
Anonymous
(Querist) 14 April 2010
Dear sir,
(14.04.2010)
My wife formally accepted to go for separate residence. But my mother-in-law strictly instructed not to do so and don’t allow for sex to avert conceive wherever you go. Hence I decided to establish my right through Court of law. Here I have got some doubts on the following points.
At the court could my wife refuse to separate residence? Secondly accepting in court, if she refuses to have sex with me as it is now going on to avoid pregnancy, in the proposed separate residence, how can I move further to establish my right. In toto she is acting to the tunes of her mother and father to avoid intercourse only to avoid pregnancy. This status is going on for the past 6 months. What are the alternatives to establish my rights over my spouse to legal sex and there by give birth to a child under Hindu Laws? Here one thing all to be considered is, she is not ready to go for Divrce. What can I do sir,
Regards.
petchimuthu
Querist :
Anonymous
(Querist) 24 June 2016
Sorry for not replying in time.
I have proceeded legally on the advise from this forum, i succeeded in my second son's matrimonial issues. Now he with his spouse living separately peacefully with a male child.
Thanking you, Sir.
Perumal.M
