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Shweta   01 August 2015

If the husband is seprated since 3 years

Me and my husband got married in yera 2012 and with in one year(2013) we were blessed with a baby.When I was husband my husband had left me to my in laws place without giving me any expenses.There my in laws insulted me very much and I had to go to my parents house and I have beared all the delivery expenses.

Since that time till december 2014 I spent 2 years in my parents home  and there were fights and fights on phone .

Just because of my child's sake I gone to my husband place in Jan 2015 and in May 2015 I had to rethurned to my parents hom because my husband had hit me.

Now he is again staying alone and he is not even giving me child expenses and does not care for me and my child.

Please suggest me what can be done in this regard as I suspect he must have the affairs as he is alne there and is not asking me to come back.

 

 

 

 

 

 



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 21 Replies

saravanan s (legal advisor)     01 August 2015

you can ask for maintenance under crpc 125 for you and your child from him.


(Guest)

Cant your parents take care of you and your kid for some more time? First delivery and post partum formalities are done by your parents and not your husbands parents.

 

Instead of listening to some lawyers idea of filing some stupid case against husband which will directly make kiss goodbye to your marriage, use some brain and talk with husband and your parent in-laws and ask for financial help.

Hope you are sane enough not to listen to some idiot lawyer.

saravanan s (legal advisor)     02 August 2015

the first baby was born way back in 2013 and its true that the first birth is always taken care by wifes parents ( depends on custom).if its so your parents must be aware of that and they should have taken you from your inlaws house themselves and looked after your expenses.as helping hand had said that had not happened.

but after delivery you had stayed for two years in your home and from jan 15 to may 15 you had left to your husbands home.

try to mediate with elders and try to solve the issue amicably.wait for few more months (may be a year also till you are certain that nothing progressively will happen) to see whether something changes.if not file a dv case against him asking for residential order, maintenance order etc and also file a seperate 125 case for maintenance

SAINATH DEVALLA (LEGAL CONSULTANT)     02 August 2015

Shwetha,

One thing is UR not the victim as per my assessment of UR original post,U R a proxy for somebody.OK.

The entire query is not clear in expression for an amicable solution to be provided.The reasons I see are not fit for separation,but for a reunion with proper mediation and counselling .Differences of opinions and egos would be there in everyone's life,but life will have a smooth sailing only if we overcome them.

Shweta   02 August 2015

Thanks All very Much for ur suggestions.

I am writing this post as I think i need to elaborate more.

After 1 month of our mariage he has slapped me,he used to have doubt on my character that while working in ofice with whom I am talking what I am doing.He ordered me to stay away from my relatives.He asked me to get pregnant as soon as possible.He used to locked  me in home for 6 months.

He always used to ask me for money for the house hold things.He always used to do fights with me for his family.He has never given me any kind of support in the 4 years of married life neither financially nor emotionally.

Now when I am raising our child on my own he is still not there and has left both of us.

His parents have not called me once to enquire what has happened.

He works in bangalore and now i am in delhi at my parents house so i will have to wait for the time when he will come back..I am not sure he will let me know or not that when he is coming.

I hope these things can make the clear picture of what has happened to me.

 

Please give your valuable suggestion thay are very important to me.

 

 

 

 

SAINATH DEVALLA (LEGAL CONSULTANT)     02 August 2015

So U left the job and staying at the mercy of UR parents,pathetic.Are U willing to live with him if he changes himself?

" I suspect he must have the affairs as he is alne there and is not asking me to come back.",this is UR accusation.

prabhakar advocate (advocate)     02 August 2015

Ms. Shweta,

For giving effective answer to your query, it is important to know that whether you are working at present or not.  I will talk about law and not customs this dirty world imposed on woman at every corner.  It is your parents' kindness and love towards you, which made  them to borne  the expenses of your delivery and lateron maintaining you till date.  The husband who uses his hands against the wife is not better than a pig.  He used it just one month after marrige and lateron.  He further put allegations about your character with your colleague and also forcefully confined you in house arrest for six months.  His parents have not turned out any better.  If the things are such impasse, I do not see any light that by intervention of elders (are they magicians to conjure tricks and change the violent attitude of your husband and inimical apprroach of your inlaws) your position will change.  Now, it is the time for you to take a decision to live with him in such atmosphere or take a brave step.  It can wait.  Now, what you have to do is, to file a Section 125 cr.p.c. maintenance case in Delhi, where you are presently residing, seeking maintenance for yourself and your child.  You should file this petition along with interim maintenance application.  You should not delay any more about this.  Because, the court grants maintenance either from the date of application or from the date of order and not from the date, when you both started to live separately.

Prabhakar, Advocate (Delhi) M-9958670740.

Legal Aid Panelist - Family Courts - Central Delhi (Tis Hazari)

 

Shweta   02 August 2015

Hi Prabhkar sir,

I am a working girl and bearing the expenses of me and mine child now.My son is 2.5 Years now and rite now I have admitted him in a play school on my own and when ever i asked my husband he does not turned on and he has left calling to me now.

 

Next year I will have to seek a school for my son in the nursery class ,I am not sure from where I can bring 1 lakh as my salary is very less and my husband earns more than 15 lakhs.He said to me u come here then i will give money for my child's expenses but with his voilent and aggressive nature i can not stay with him.

I suspect that he has some unofficial relations there in bangalore as he is living alone there since 3 years.

Please suggest me how I can confirm that he is doing something unofficial there as i have spent a very little time in bangalore and my husband have never allowed to me to talk to outside people.

Please guide me.

 

Thanks

 

 

 

saravanan s (legal advisor)     03 August 2015

if you want to know whether your husband is having any affair as such you have to hire a private detective to monitor him

Shweta   03 August 2015

Hi ,

Please suggest me any trusted name of the agency and their charges

prabhakar advocate (advocate)     03 August 2015

If your salary is less and your husband is earning Rs.15 lacs (monthly or yearly), I suggest you to file Section 125 cr.p.c. seeking maintenance for yourself and your child.  Law is quite clear that it is the responsibility of both the parents to provide maintenance to the child in the ratio according to their earnings.  Hence, your husband's contribution on that ground shall be, naturally, more.  If you are having doubts about your hubby's fooling around, do not make it an issue right now, and brush it under carpet.  Once, he comes to attend Section 125 cr.p.c. case, the court will send both of you for mediation.  Then you can take up  this issue firstly in mild manner and if your doubts are confirmed in some stricter manner.  That strategy can be chalked out at the time of mediation.  So, go ahead and file the Section 125 Cr.p.c. maintenance petition for yourself and your child.

Prabhakar, Advocate (Delhi) M-9958670740.

Legal Aid Panelist - Family Courts - Central Delhi (Tis Hazari)

 

Shweta   03 August 2015

Thanks prabhakar sir for ur advice.

Before preceding for maintainence I want to know What should i do if my husband does not come in front of court and only make excuses that today this happened or i am ill or any kind of excuse  in spite of repeated summon by courts as he is kind of person who always used to said me do what ever you want i will never come in court

 

 

 

prabhakar advocate (advocate)     03 August 2015

@Swetaji, what you must do to ensure your husband's presence in the court is, while filing S.125 cr.p.c. maintenance petition, you should mention his office address as well as his residential address.  The court will send the notices to both the addresses.  After receiving or refusing to receive the notices, if he will not come to court, the court will decide the matter in your favour awarding maintenance to you and your child.  You try to get as much information as possible regarding his job, workplace, designation, monthly earnings etc. so that it will become easy for the court to determine the quantum of maintenance.  If you file the petition, within six months, you will start to get interim maintenance.  The court knows and has got enough of powers how to draw the amoount from the tip of the nose of recalcitrant party, who does not care about law.  The court even can direct his employer to directly deduct the maintenance amount every month from his salary and credit it in your account.

Prabhakar, Advocate (Delhi) M-9958670740.

Legal Aid Panelist - Family Courts - Central Delhi (Tis Hazari)

 

Shweta   06 August 2015

Hi ,

 

I just want to know that usually how much time the maintenanace case takes to come to a desicion and how much it is calculated.

Does it depend upon woman salary too.


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