My daughter married to a sofware engineer in Nov 2015 Her in laws (father in Law, mother in Law & brother in Law) are psycho under going medical treatment in psychiatric dept of Ram Manohar Lohia Hospital Delhi. They didn't tell this information prior engagement / marriage. After 1 month of marriage they started torture my daughter physically & mentally and demand of dowry . My daughter & her husband was used to live in rented house in Delhi and week end at their home town in outskirt of Delhi As on 05 Dec 2016 her husband left rented home with his personal goods without any information. They didn't make the marriage on papers (Registration, nomination in his office documents and joint bank account) He never used to meet or accompany to any relatives or friends in last a year. We have done lots of meetings for sicial settlement They used to marry my daughter as trial . My daughter is pursuing PhD and getting fellowship @35000/- pm she is NET-JRF toper. My query are :- Is my daughter entitled of maintenace from her husband since his salary is @ 150000/- per month ?? What legal actions we should take against him to sustain my daughter's marriage ?? Rent agreement of rented flat in Delhi is by her husband till june 2017. I request suggest me how we can sustain this marriage ( we don't want divorce)
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1) your daughter is entitled to maintenance from husband on account of substantial differnce in their incomes
2) file petition for retitution of oncjugal rights under section 9 of HMA
3) your daughter can also file complaint under section 498A for dowry harassment
1. Since the income of your daughter is substantial her chance of getting maintenance is minuscule. However she may try nevertheless by filing case under PWDV Act wherein she can claim damages and compensation as well which does not depend on the earnings of wife.
2.Marriage can be best sustained by personal effort and seriousness and no legal intervention can ensure this. Hence I would advise you to ask your daughter and her husband to stay separate for sometime so check whether they can lie life without their influence of their psycho relatives.
All the best.
1. If the income of your daughter is not sufficient for her to meet her basic needs then your daughter qualifies to get maintenance from her husband. A husband is bound to make a provision for the basic needs of his wife and to enable her to live the same standard of life which she led before separation.
2. Your daughter can file a petition for restitution of conjugal rights under section 9 to bring her husband back to cohabitation.
Dear Concerned,
In the present circumstances as you are not interested to dissolve this marriage and your daughter stays in Delhi on the rented accommodation on her husbands name here are the steps that should be taken.
a. Firstly inform the landlord that the husband has left un announced and as the rented accomodation is on his name and if he stops paying rent the girl will pay the rent - please note that any such rent paid form now on by your daughter should be paid online or through cheque.
b. File a petition under section 9 for restitution of conjugal rights and asking the husband to join your daughter back.
c. You can also file for maintenance however as your daughter already works it is advisable to show detailed expenses vs -a vis her income to claim equal status - as your son in law is earning 5 time more that your daughter.
c.1 you may also choose to file Dowry Demand and Domestic Violence complaint against your daughters husband and her in laws. But not that if such complaints are filed you are calling for breakdown of marriage.
d - it is suggested to feel free to contact us for a free discussion on the subject.
Best of Luck.
Dear Querist
if there is a chance of reconciliation then try to settle the matter amicably if socially not possible then file a RCR petition before family court and approach for the counseling and try to save this marriage.
If your daughter wants to take legal action against them for harassment and demanding dowry then she may file a criminal case against them for the offences U/s 498A of IPC and also may file a domestic violence case before the magistrate and claim protection, right to residence, monetary relief and compensation under section 18,19,20, & 22 of Protection of Women from Domestic Violence Act-2005.
She may claim maintenance as per his status and she may be grant maintenance as per her expenditure if more then her income.
Feel Free to Call
1. Wife is entitled to claim an amount from her husband to maintain herself as per the standard and status of her husband. If her income is less than the required amount then she can claim the balance amount from her husband. Moreover, she can argue that she is not earning any salary. what sh is getting is fellowship paid for pursuing her studies.
2. She should file a DV case and seek maintenance from her husband filing a separate application raying for interim maintenance which will be granted within a very short period of time by the Court.
3.In the DV case, she shoud also pray for right of accommodation from he husband.
4. However, it is to be kept in mind that no Court can force her husband to join him and continue to have conjugal relationship if he does not wish to.
5. If he files a divorce case, your daughter can contest the same but in reality there may not be any married life. Under such circumstances, it is not considered as a bad idea to mutually terminate the relationship and start lives afresh.
Your daughter can claim maintenance from her husband though she is getting stipend for her research studies because that is not a regular income.
The marriage as it is valid now and you dont have to do anything to sustain it.
If he is unwilling to live with her then she can file a RCR petition.
She can very well reside in the rental apartment since that was the place where they both resided together before he left her company.
She can even file a suit claiming residential rights.
