cpc

rights


Sir,
My husband is not giving money to me and my child. No other source of income also. What to do?
 
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Hello maam/sir,

From what I can gather from your query, you want to know about the maintenance and relief that are given to the wife and child by the law as rights in India.

There are various provisions that could help you in the same as.

Maintenance is a right to get necessities which are reasonable from another. It has been held in various cases that maintenance includes not only food, clothes and residence, but also the things necessary for the comfort and status in which the person entitled is reasonably expected to live. Under section 24 of the Hindu marriage act, 1955 allocates for maintenance. Under this Act also, only a wife has a right to claim maintenance. The Hindu husband has a legal obligation to maintain his wife during his lifetime.  

Also under section 18 of the Hindu maintenance and adoption act Maintenance of wife- (1) Subject to the provisions of this section, a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained by her husband during her lifetime. (2) A Hindu wife shall be entitled to live separately from her husband without forfeiting her claim to maintenance,- (a) if he is guilty of desertion, that is to say, of abandoning her without reasonable cause and without her consent or against her wish, or of wilfully neglecting her; (b) if he has treated her with such cruelty as to cause a reasonable apprehension in her mind that it will be harmful or injurious to live with her husband; (c) if he is suffering from a virulent form of leprosy; (d) if he has any other wife living; (e) if he keeps a concubine in the same house in which his wife is living or habitually resides with a concubine elsewhere; (f) if he has ceased to be a Hindu by conversion to another religion; (g) if there is any other cause justifying her living separately. (3) A Hindu wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be a Hindu by conversion to another religion.

You also can claim relief under section 125 of Crpc and section 20 of the domestic violence act. Upon filing application under section 23 of the DV Act, the wife has inter-alia sought residence rights under Section 19 and protection under Section 18 apart from the monetary relief under Section 20.

Also I hope the further mentioned cases might help you with your query.

Justice Sachdeva passed the judgment titled SHOME NIKHIL DANANI vs TANYA BANON DANANI on 11.04.2019.

The Delhi high court on May 31st 2019 in the case of Kanupriya Sharma vs  state and anr.  


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Am afraid of being with him. Torturing mentally now..... Physically also but not now.... He says that if money is needed should stay with him otherwise will not give. Can get maintenence even living separately?
 
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