• Divorce

Sir, We are married since 14 years and not at all in good terms from day 1. In 2006 i'd applied for judicial separation and finally withdrawn considering his requests.

But even today, the position is same in harassing, distrust, etc. Even though he is right and i'm wrong in every way, im no more interested in arguing whether he is right or wrong. I'm not attached with him in anyway. Physically, financially, morally or emotionally. The relationship is becoming worse year after year. It has come to state that i even hate to see his face and utter even a single word. 

I have a daughter of 13 years. Father-daughter relationship is worst. She always feels dat he is the ultimate irritator even for a silly issues.  Im also a working lady and earns quite handsome, i feel that i can take care of my daughter. I own a house for which i'm paying loan, even though its a joint property. Can i ask for compensaation from him, as my daughter will be with me? Is there any chance of him telling that as i'm earning, he will not pay even a penny? Please advice.
Asked 3 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu
you have not disclosed your husband income . he is not liable to pay you maintenance if you are earning decent salary but he is liable to pay maintenance for his daughter . income of both parties are considered by court while deciding issue of maintenance . if you dont love your husband file for divorce . if he agrees then do it by mutual consent .
Ajay Sethi
Advocate, Mumbai
23123 Answers
1214 Consultations
5.0 on 5.0
1. If in your opinion the marriage has reached a point of no return then you may in your wisdom and discretion file for divorce. You have stated that you have been harassed. Mental harassment by spouse is a ground for divorce under Indian law. 

2. You have all the legal rights to seek maintenance for yourself and your daughter. If you are earning well then you are not entitled to claim alimony from him, albeit he cannot shirk his duty to lend financial support to his daughter. On behalf of your daughter you can file a case for financial support against your husband. The court will order him to pay the required amount to your daughter after taking into account the expenditure to be incurred on her education,well being,etc. This is a liability he will not be able to avoid. Furthermore, she can claim her share in the joint property, if any.
Ashish Davessar
Advocate, Jaipur
18063 Answers
446 Consultations
5.0 on 5.0
Your daughter can through you seek financial support from her father.
Ashish Davessar
Advocate, Jaipur
18063 Answers
446 Consultations
5.0 on 5.0
father  is bound to pay for daughter maintenance . he cant run away from his responsibilities . court will direct your husband to pay for daughter maintenance . if he fails to comply with court orders you can take execution proceedings against him . contact a local lawyer
Ajay Sethi
Advocate, Mumbai
23123 Answers
1214 Consultations
5.0 on 5.0
In the present scenario, you are not entitled to any maintenance. However under the law parents have to maintained their children. You and your husband are liable to pay for maintenance of child and her needs.
H. S. Thukral
Advocate, New Delhi
514 Answers
125 Consultations
5.0 on 5.0
definitely you are entitled for a maintenance from your husband. however, your husband income is not disclosed so it depends on the same. contact me if you need any assistance
Ananth Kumar
Advocate, Bangalore
122 Answers
57 Consultations
4.5 on 5.0
All above is law.You said you are earning OK and can take care of the daughter then unless you are for money why you are hurting yourself emotionally.Also think about your daughter's future in terms of her psychology which is already hurt.Kick out your hubby after doing some introspection if you have some fault,at least for giving good future to your daughter though you might have lost a lot.At the same time don't accept injustice buy think of minor adjustments.
Anil Gupta
Advocate, New Delhi
180 Answers
41 Consultations
4.3 on 5.0
your husband is legally bound to pay maintenance to his daughter. donot leave him like this &get maintenance for daughter
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
Your daughter is entitled for maintenance. As she is minor you can seek on her behalf. 

Please keep all the proof that you are paying for the loan EMI's of jointly owned property. You can ask him to transfer the same to your name through mediation.

Regards
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0
you can file for divorce even if your husband does not agree for divorce . you need not stay separately for 6 months before divorce . 
it is only in case of divorce by mutual consent that parties have to stay separate for one year before filing for divorce . in such a case after first motion there is 6 months cooling period . 

as far as house is concerned both are joint owners of flat . you should ask your husband to pay 50%of EMI   of flat . no one can evict you from the flat .
Ajay Sethi
Advocate, Mumbai
23123 Answers
1214 Consultations
5.0 on 5.0
Dear Querist
file a domestic violence case against him and claim maintenance for your daughter and compentation too.
you can file a divorce petition against him under section 13(1)(ia) of Hindu Marriage Act, if both of you are Hindu.
you can file a maintenance case against him on behalf of your daughter under section 125 of Cr.P.C
feel free to call
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
If you believe that it has reached a point where divorce alone is the solution then go ahead and file for divorce. If you go for mutual divorce the court will certainly ask you to wait for 6 months. You may unilaterally apply for divorce if your husband does not come forward for mutual divorce. 

The court cannot ask either you or your husband to not to live in the flat as you are joint owners. You may legally recover from your husband 50% of EMI which he is legally bound to pay as a joint owner of the flat.
Ashish Davessar
Advocate, Jaipur
18063 Answers
446 Consultations
5.0 on 5.0

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