dear thread author,
you came here with a lot of hope to get a legal advise and i try to provide you with the best of my ability. if your marriage is properly solemnized (or registered), you are a legal wife to him. there is nothing as such "illegitimate wife", which can be attributed to you. keep your head high and do not feel shame. For the reasons best known to you, you both are living separately and the marriage is not consumated. it does not make you illegitimate wife and as per law, you are entitled to all the benefits to a legally wedded wife, if the marriage was held in accordance with the law.
consumation of marriage is not a pre-condition for seeking maintenance. often even experts put a wrong step on this aspect.
Now, two things come. you want divorce, it appers. even the divorcee wife is entitled to maintenance. the maintenance is available under Section 125 Cr.P.C., For getting this maintenance, two requirements are to be fulfilled- there is negligence on the part of the husband to maintain wife and the wife is unable to maintain herself. This maintenance is cancelled if wife is living in adultery, or without sufficient reason she refuses to live with husband or that they are living separately with mutual consent. Interim relief during the pendency of case is available. Alternatively under domestic violence Act, you can claim maintenance, once you prove that there is domestic violence. Interim relief during the pendency of case is available here also. Alternatively, under Hindu Adoption and maintenance Act, you can claim maintenance. This can be withdrawn if the wife does not live in chastity or converted to other religion than Hindu. Here also interim relief provision is there. If you are not interested in divorce, under domestic violence Act and Hindu Adoption and Maintenance Act, you can seek the shared residential quarters.
If you are interested to take divorce and file divorce case, there also you can get interim maintenance during the pendency of the case and if the divorce is granted, permanent alimony will be provided. Permanent alimony can be monthly payment or lump sum amount taking into consideration of the financial status of the husband and the parties.
The amount is generally betweeen 1/3rd to 1/2 of the income of husband.
Engage a good sensitive advocate, who can understand the problems of women and more particularly those women who have been living in parental home for five long years after solemnization of marriage.
warm regards.
