remedies for women against husband

Originally posted by : mayur shukla
	Hi there.What are the remedies a woman can take when her husband starts living with another women of different religion and don't give any maintainance & also giving threat of divorce to the woman.note: Woman also have two children living with her.

1. IF Man is having a Live-in Relationship with another woman of any religion, THEN as per a SC judgment, it is perfectly legal and nothing can be done about it, atleast legally.

2. Depending on various circumstances, Legal Wife, may move Family Court /Criminal Court, for Maintenance, Divorce, Alimony etc.... with supporting evidences and witnesses.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Dear querist,

The woman can file application under domestic violence act, she may implicate him in 498 A case, woman can claim maintenance for herself and for her children and she can also file divorce application.

Regards,

Hi,

This is a case of desertion by the husband.

Desertion under the Hindu Marriage Act means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party and includes the willful neglect of the petitioner by the other party to the marriage. Desertion is a valid ground for the wife to file for a divorce under section 13 of the HMA.

Acts of deserting spouse:

• Separated from the spouse.
• With the intention to make it permanent.
• Without a reasonable cause to do so.

Acts of deserted spouse:

• Did not consent to it in any way.

Wife entitled to maintenance during her lifetime irrespective that the husband has property or not.

Wife entitled to live separately and also claim maintenance if the husband

• Treated her with cruelty
• Is guilty of desertion
• Has another wife living

Under Section 125 of the CrPC, a person from whom maintenance is claimed must have neglected or refused to maintain the person claiming maintenance. The person claiming maintenance must be unable to maintain himself or herself.

Section 20 of the Hindu Adoption and Maintenance Act talks about the maintenance of children and aged parents. Hindu (both male and female) are bound to maintain his or her legitimate or illegitimate children. But the child should be a minor.

In the case Prakash Khot vs Chandani Khot II (2002) the court said that awarding maintenance to the wife under HMA does not take away the right of the children to seek maintenance under section 20 of the Hindu Adoptions and Maintenance Act.

I hope this solves your query.

Regards,
Archit.

Certainly, she can ans she should seek maintainance for self, if eligible, and  for children. She also has the option to seek divorce.