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Ninfa   04 September 2015

Claiming maintenance from husband

Dear Sir,

i was married to a software engineer ( MCA ) guy last july 14, it was a arranged marriage.after marriage from day 2 of the marriage the boys mother had taken all my ornaments ( except mangal sutra and maariage ring) given to me from my parnets side and as well as from their side. As i was new to the environment, i didnt say anything. I was working in a PSU on contractual basis at gurgaon and my husband working at Delhi, so after marriage we shifted to Gurgaon. All the household things like A/c TV, Fridge, bed , pillows, and other household items were asked and taken by boys side saying that you are giving all this to your daughter only.i was having car before marriage and i have maintained it to myself.

The boy has been paying the house rent (18K) , electricity bill (900-1000 rs for 2 months) and water bill, other expenses like household things , milk , cloth ironing, car expenses are being taken care by me.

during our weekend visits and From the first week of the marriage the boy and his family( which includes his mother elder brother , and younger sister) have been mentally abusing me  on my phsical attributes, or on my cooking skills ( even though i cook quiet well).

Afetr 1 month of my marriage , one day mother called her elder brother, who caught my hand and said i am a palmist and you have a chances of getting son ,, so you should give us son child by next year june 2015, even though i was offended , i maintained my poise and said Mamaji, its all in gods hand, to this he lit his bidi smoking over my face (boys mother sitting and watching everything in front of me) no you have to make efforts  and you have get us the child by next june...i hope u r understanding.

I was furious , as i was not supported by any one , the boy was sitting the next room and didnot say anything about this, (fact was that our marriage had not consummated till now, and boy has never tried to talk about this when we were either alone) , when i protested and said that i didnot like his mamaji behaviour , and its we 2 's decision to have a child or not no body else can speak to me like this, he became furious and packed the luggae and staretd for gurgaon.

After reaching there he totally stopped communicateing with me , and stopped taking me to their house, his mother didnopt call me from day 1. I was getting all houise hold things on my on ,paying for maid , he will wake me up at 5 am i will cook for him like a maid wash his cloths. He would come home watch tv and sleep off ,. there was no communication between us. He never took me out except for honeymoon trip to North east ( it was a 2 time meals( morning and night) in the make my trip pakage afternoon meals were skipped by him because of his stingy nature), he never or gifted me on any occassion( my bday came), iwas finding it suspicious, later i came to know that is elder brother has been married 3 times earlier and gor seperate d from previous 2 wives by allegating the same (not cooking well, not washing well) depriving them finacialy.

1) Boy and his family has hided other facts like their father is staying nearby and not a drunkard.

2) The mama was not a real mama , and his mother is having a affair with him.

3) Marriage of his elder brother.

4) All relatives brought in the maarriage showing as bhuaji, massi, mamaji were actulally not real , and we weer made to give them gold and other gift items.

When my Parents confronted the boy about his behaviour initially he improved and after 3 nad half month of marriage on their insistence he consummated the marriage,but after 15- 20 days boys behaviour remained the same , like not speaking for months , not taking me or wishing me on any festivals like deepawali, or new year , not bringing any house hold things , using my car without filling the petrol etc.

Jan 15 i conceived, AS the boy was not in speaking terms with me my father broke the news to him in March 15 , thinking that it will change his behaviour, but after knowing the boy said that i m shoked and his behaviour became worst. 

He refused to go to doctor for routine checkups, or arrange basic household things, like at days their was no water in the house or electricity.

Boy is not eating any food at home since april 15 and takes his cloths for washing to his house on weekends.

No other support is being given to me from him or his family side, Mean while i had lost my job due to health issues .

I got the job at another placve but i have to commute daily at his stage of pregnacy. I am aaranging food , water and everything for myself on my on. All doctor expenses are being done by me .Boy never asks me for any help , when i as ked him to arrange for water as their was no water in the tank , ( it doesnot get stored) he asked me to fetch the water from outside tap ( fresh water supply morning 600 am to 7:00 am ).

 

Dear sirs i would like a dvise that int his situation what are my legal rights, what if he stops paying house rent too ( which is the last support i am getting from him) , he is earning fairly good and working in a reputed company as senior software developer. what is the process of claiming maintainence or other benefits ( i m still working , but on contract basis , with no maternity benefit of any sort)



Learning

 7 Replies


(Guest)

Donno who asked you to marry.  Marriage is not for you.  You take divorce and marry someone else who is compatible mentally to you and mention all your conditions before marrying.

 

Regarding almony you file 125 crpc. and wait for trial to begin, at the same time you file divorce also , as this marriage is not your cup of cream.

 

YOu can also file DV case and beg for money.

 

You can also call up and tell, you file 498a if he wont pay you 1 LAC PER month, darr ke maare 2 lac dedega.

YOu can also file interim alimony application and ask for alimony.

 

All the best.

SuperHero (Manager)     04 September 2015

@Ninfa - Sorry for what you are going through. He has to take care of you as duty of Husband.

You have the right to seek for maintenance. But once you step into court, the problems will worsen. 

Do you want to continue this marriage? If so you have to accept HIM as he is and continue your life.

It is through Love and Affection. People will or has to change, not by Maintenance application, nor court orders nor Force.

Men are not MIND readers. It takes atleast few years so that one understands each other after living together. Even LOVE marriages after marriage takes a lot of time to know and understand each other.

 

1 Like

advocatepassy@gmail.com 971794 (Advocate)     04 September 2015

Yours is a fit case for Domestic violence, maintainace and divorce. You can even opt for mediation after filing the case in the court, if either of you want to save this marriage. But the choice of this man as your husband is going to haunt you for ever.   Better get out of this marriage.  Court proceeding will take time, and money.  First file a case, than go in for mediation or a mutually agreed divorce.  He is not meant for you.  You can contact us at 9717940277 or advocatepassy@gmail.com

 

vivek malhotra (Advocate)     05 September 2015

You may file a case for divorce and maintainance in the court and u will surely get the same. For any assistance you may contact. Vivek Malhotra Advocate Delhi 9716670701

Ninfa   05 September 2015

Mr Gyan Prakash,

I have pM not to give any further offensive advises, please maintain professionalism and have respect for the dignity of women, while posting and replying to topics either on the forum or on the PM.  

harrassed   06 September 2015

@Ninfa,

I understand that you are going through tough time. First of all relax and do not take much tension/pressure as it is not good for you and your kid. As SuperHero mentioned, the moment you approach the legal path your life will take different directions which you do not want. Think wisely, talk to your husband and understand from him what the real issue is. Also, when approaching him try not to put him in fault. Take some time off and go out and spend more time with your husband. Do not involve your parents or his parents as things will get worsen further.

If required go for some family counselling. Be patient and you will win your husband's heart and in-laws heart. Patience is the key. Hope the new born kid will resolve all the issues. Please share the only appropriate things with your parents as they may read differently the situation wrongly. As you are a working woment, believe in you that you can resolve the issues yourself involving other third parties. 

Wish you good luck!!!!

Sonali   15 September 2015

Ninfa, involve both the families and friends for talks. Legal actions only worsen the situation. You can also opt for mediation. Let you and most importantly your husband understand that it is husband-wife relationship which lasts long rest all relationship goes silent by time.

 

If there is no hope to rejoice you can go for judicial separation. Be careful with any domestic violence but be optimistic.


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