Bhojraj Baral (Advocate) 15 January 2009

Seperation from Husband

A wife is fed up of her Husbands Abuses, also she is helpless for legal expenses for divorce proceedings to be initiated. Is there any other way wherein she can live seperately from her husband legally without divorce & by receiving regular maintenance for her two small children.

Will Seperation agreement between the two be sounding legal.

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8 Replies

sreedhar (advocate) 15 January 2009

Dear Bhojraj,

She can very well approach the State Legal Aid Board for the legal assistance. She can file a petition U/s 125 of Cr.P.C for her maintenance and for childrens.

Regards,

Sreedhar.R

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 15 January 2009

Yes Mr, Sreedhar is absolutely right. There are more alternates with her. She can file a complaint under domestic violence act, ahe can also file a petition with family court under Hindu Adoption & Maintanace Act.For more querries n help u can contact me at: rakhibudhiraja@gmail.com

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AEJAZ AHMED (Legal Consultant/Lawyer) 15 January 2009

Mr. Bhojraj,

Our learned friend Mr. Sreedhar correctly said, she can approach to State Legal Service Authority, for her relief, by filing Petition U/S. 125 of Cr.P.C, for Maintenance to herself as well to her children.

In Every Court of Junior Level to High Court and Supreme Court,  there are Offices of Legal Service Authority.

OBJECTS AND REASONS

The State Article 39-A of our Constitution enjoins the State to provide free legal aid to ensure that opportunities for securing justice are not denied to any citizen on account of poverty or other disabilities.

The enactment of Legal Services Authorities Act, 1987 is one of the steps for establishing a society in which social, economic and legal justice is available to all on equal footing. Legal Service has broadly three aspects;

(i) extending legal aid to persons who are living below the poverty line, to women, children, members of scheduled castes and scheduled tribes and other persons enumerated in the Section 12 of the Act;

(ii) holding of Lok Adalats to resolve disputes in respect of cases pending before the courts or any matter at prelitigation state; and

(iii) organizing legal literacy and awareness camps as well as legal aid programmes with a view to educate the poor, backward and weaker sections of our society about their legal rights guaranteed to them under various laws.

With regard to the IInd Part of your question, there shall be some objections:

(a) How a there will be Separation Agreement ?

(b) How can she live seperately from her husband, and that too,   by receiving regular maintenance for her two small children, and that too without divorce.

rajaraman anusha (advocate profession) 16 January 2009

She can approach before Center for women or Legal aid service authority for asking help and she can file a Petition under sec 125 crpc or if husband is having any property with him she can file a maintenance Suit before civil court .

rajaraman anusha (advocate profession) 16 January 2009

We have the solution in 18 and 125 of CRPC etc as per Hindu Law…

Maintenance is available in both civil and criminal law, under Section 125 of the code of criminal procedure(CRPC) she is entitled to claim maintenance from her husband or ex-husband, provided that you are unable to maintain yourself, and that your husband has refused to pay maintenance despite having the means to do so. Since the purpose of this law is to prevent destitution, it allows you to claim maintenance not only from your husband, but also from your parents or children.

Sanjeev Tewatia (Advocate) 16 January 2009

Mr. Aejaz & Mr. Sree Dhar said right and correct and she have many option. First she gave an application under domestic violence act or go for their maintenance

Himanshu Prabhakar (Advocate) 22 January 2009

Dear Bhojraj,

The advice given to you by Sreedhar and Rakhi is good follow their advice.

anshu shekhar (service) 26 January 2009

under hindu law a wife can gaet seprate residence with geting maintainance under the seprate provision of sec but under certain cercumstances mentioned under sec.