cpc

provision for spouse/wife


my friend is undergoing regular physical and mental harassment by her husband. She is always forced by him to move out of the home. He regularly uses abuse words to her and in turn if she speaks something, then beat her like a drunkard. Even last Sunday around 8.00 pm same thing happened. Her kids were playing in the ground and came late to home. She as a mother was scolding them for not informing her for the delay and then moved into kitchen for dinner preparation. After 10 minutes, her husband from living room suddenly came inside the kitchen and bet very hard in her back head. She didn’t even realise why he was beating her. He started shouting saying get out of the home with the kids. She decided to come out rather than living there. She started get her dresses from the cup-board. He suddenly stopped her taking the materials. He screwed her right hand and literally bite in her ring-finger(nail) and asked her to get out without taking anything from the home. Then she came down from the flat and was crying. By seeing that her neigbours came inside her flat and cool down the situation. Then he volunteered to drop her with kids in her mom’s house. Now she is in her mom’s house. As I said her parents are in US now and will be back in August end. Now, she and her parents decided to separate legally and need not to tolerate any more. Now, we would like to get the opinion on below points - She can move legally only in September (As her parents are coming in last week of Aug). Do we need to file any complaint before that for the above said domestic violations? - And all her belongings (including little cash and her jewels, bike etc.,) are in her house and in her in laws house in Pondicherry. Her Parents strongly said her not to go there until they are here. So is it ok to leave there till she start moving legally. - The flat is in her husband’s name, but she also invested around 3.5 lakhs, when they bought the Flat. Also, since she is earning she has spent much of her salary for the family in terms of Transportation fees for kids, day care fees, summer camp fees etc., from the day one. Is there any way she can claim all those expenses she has spent. - Her kids are with her and for their future, how can she claim. - Another important point is, she doesn’t want her husband to come in between (before her parents come) and disturb her in the name of compromise or in any form. Now its holidays for kids and from June kids will be going to school. So she is little worrying, what if he comes to her mom’s house or to school and start arguing. Could you please share the legal provisions on the above points. This will help us to do the pre-work and move legally from September. Thanks
 
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Apply for divorce under HMA against him.it shows that he is mentally disorder.
 
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Thanks sir. Even My friend and her parents are in the same page... However, they are worried about the benefit what they can claim for kids future. She has two kids... Defenitely needs to get settlement to take care of her kids future. Also, all her assets including jewels and other stuffs given on her marriage is now in their control. On sunday, when they forced her to move out, she was not able/allowed to to take much from the home. Once she is out, the changed the lock for their home.

 

Please advise

 
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Advocate

Onus rests with your friend in taking charge and care of the situation. There are law and procedure to assist her.

 
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Ok Sir. Thank You. We may start moving legally from May end or early june

 
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Also, Can  you suggest some best advocates to handle this type of family issues in chennai

 

 
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