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Domestic violence - drunkard husband

Dear Esteemed Members, Writing this on behald of one Mrs Shruti a victim of Domestic violance / Drunkard Husband.

Dear Experts, 

     I am a Hindu woman staying in Maharashtra married to a State Govt. employee from past 13 years. I have two kids. My husband is a habitual Drunkard and Drinks on a daily basis including on Duty and has been harrasing me right from the day of my marriage. Me and my both sons have suffered enough and were subject to physical manhandling as well. However, since, my parents are poor and cannot support me, all these years, I could do nothing but just suffer in his hands. There were many instances when he had bad health plus accidents resulting out of heavy drinks and was hospitalised for months together. Yet he is unable to mend his ways and cannot quit drinks. We even tried him to take to a rehabiliation center, but things did not work. Finally, unable to bear torture, I have now come to my mothers place with kids and have rented a small room and have started working in a saree shop. Its is exteremely difficult life with meager income. 

As such dear members please advise me on what can I do now to get support money from him ? There is no marriage certificate which he deliberatly avoided to prepare. How do I manage myself and my kids ? In the past we had even threatened him of a police complaint but my mother and other relatives are scared to take such a big step. Now, since I have come to my mother hence I have mentally prepared myself to take necessary steps what all is required. I cannot hire a lawyer as with whatever I earn it barely meets my need. my relatives are supporting me but they too can support only till a limited time. Please advise.


 3 Replies

Siddharth Srivastava (Advocate)     17 August 2017

It is very strange that you have suffered a lot at the hands of such husband. Firstly reigration does not validate a marriage. In fact registration of marriage is merely a formality. As per law even if a man and woman reside together and represent as husband and wife in the society so the presumtion shall be that they are husband and wife for all purposes.Befor proceeding further take a decision in this regard. You have every right to live with all dignities. You are entitled to file petition for divorce and also to file police complaint complaining the ill behaviour of your husband etc. You are also entitled to claim maintenance for your self and also your sons including seperate residence. Youcan approach legal aid cell now situated in every district court to seek a lawyer which shall be free of cost.

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Adv Radhika Mehta (Advocate)     17 August 2017

As rightly mentioned by Mr. Sidharth hereinabove, non-registeration of your marriage is immaterial. 

Given that your query is only for maintenance, you can file a Petition for maintenance under Sec 18 & 20 of the Hindu Adoptions and Maintenance Act or Sec 125, seeking maintenance for yourself and your two children.  Moreover, in the said Petition, you can also seek directions, as he is a Govt employee, to have a portion to his salary directly credited to your account so that you dont have to run behind him for paying up. 

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Thank you Expert Siddharth and Radhika. I will guide Shruti accordingly



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