Ankitha Sumith (Computer Operator) 25 November 2014

Maintainence

So, Now, Can I go for an appeal to high court stating that either he had to do separate house for me (because of my in-laws torture) or else grant me maintenance because after my marriage I am not able to work due to lack of continuity and out of touch. I still want to live with my husband. My parents struggled a lot to get my marriage done. And also my sister is still in education line. At this stage, if I got divorce then my sister’s and my brother’s future will be lost. Only thing is my husband is not willing to do separate house. And I cannot live with their parents. They won’t let me to live with my husband happily. So, either a separate home or maintenance? Can I appeal high court like this.

Regards,

Ankitha

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6 Replies

(Guest)

How thoughtful of you. Yes, you take divorce, you screw lives of everybody at home especially brother and sis.

Go for separate house.

Talk to husband.

Or start asking money for your expenditure from husband. if he does not agree for separate house.

Keep going to court as last option [file 125 crpc]. All the best.

1 Like

Adv. Chandrasekhar (Advocate) 25 November 2014

Yes Madam. You can do that. Not by going to High Court, but filing Domestic Violence case. It is your right to live happily with your husband separately. In India, mothers even after marriage do not want to cut the umbillical cord creating a rift in newly married life.Several cases are coming up before the courts that young wife wants separate house but husband wants to stay in joint family. He does not understand that wife also sacrificed her own parents and left them to live with the husband. It is always better to decide this issue before the marriage. But in most cases, this is not decided. In your case, you have to file domestic violence case and in the mediation seek for separate matrimonial house and if he refuses then ask for maintenance. In the meantime, you should also horn your skills to get a job, so that you will have sgtrength to fight for your rights.

Mr Sanghavi (NA) 25 November 2014

@ Adv Chandrashekhar. I do not buy all your points. You should not encourage Domestic Violence case without any justified reasons to a wife. If "no" domestic violence has happened then simply go for CRPC 125 as Helping Hand said.

@ Ankitha - Since you love your husband, by filing False DV case will definately ruin your case may be your marital life. Give your husband sometime as living parents is not so easy , make him understand that you really care for him and want to stay with him. Ask for maintainance. Court will just ruin both families.

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harrassed (SE) 25 November 2014

I strongly agree with Sanghavi.

If you love your husband, you can definitely make him understand your expectations. Filing domestic violence is sure shot of spoiling the marital life.

If required please seek professional help for counselling. They can provide lots of facts and suggestions.

Good luck

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Law_Learner (Asst. Mgr.) 25 November 2014

Dear Chandrasekhar Sir,

I second the thought of Mr. Sanghavi. Why should an advocate encourage / advise a wife to file for domestic violence to get maintenance when she can get the same by other fair means. Please accept my apology in advance if it offends you in any way.

Best regards,

JanDec

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Mr Sanghavi (NA) 25 November 2014

@ Tnx Harrassed & JanDecJanDec..Also as said professional counseling is also a very good remedy in family matters.

@ ankitha - Also understand that running 2 separate houses by husband & staying separate from his parents is also not easy. May be your husband might be earning good & can take care of 2 houses, but will also lessen his savings what he is doing rgt now for you only. Every family has problems that does not mean our family matters will be solved by court which takes hell lot of time for right justice.