• Husband forcing to work and hand over salary to him

Hi,
Mine is love cum arranged marriage.Its been 1.6yrs of my married life,i have 4 mnths baby girl.whenever we had disputes between us,my husband first says he need a divorce and aftr some talks we unite again. But now he is forcing me ro give my salary to him for which am not ready because in future if we forces for divorce,i wil be with empty hands and i have a girl baby now.imp point to mention here is in this 1.6 yrs of my salary,i never used a single Penny for my self, and i brought complete furniture and electronics like fridge,tv,washing machine,bed,mixi,stove and purchased 40grams of gold rest of amount is in fd in my account.now he is saying he wil do fd in his account and not even agreeing for joint accounti got 40k insurance amount from office for my delivery ,my parents said they would give the rest of the bil amount apart from 40k,initially he agreed but once i received the insurance amount he is not agreeing.this month without my notice he transfered amount from my salary account to his account with the help of debit card.what should be done now ,i don't want to give money to him.
Asked 8 years ago in Family Law
Religion: Hindu

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9 Answers

1) go and stay in your parents residence for some days with your baby

2) inform your husband that you will return to your matrimonial home only if expenses for running household are split in proportion of income

3) if husband refuses file complaint under section 406 ,498A of IPC seek return of your streedhan

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

1. There is absolutely no reason to handover the salary to him.Make your own bank a/c and deposit the money in it.

2.Since there were many instances of acrimony leading to demand of divorce do not part with your money at all.

3.Keep your own savings and invest it as per your choice.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Hi

1) You are entitled to keep all of your salary and as per law the husband is the provider for the entire family in all aspects.

2) In the eyes of the law, the husband is mandated to provide for shelter, food, clothes, education and other necessities for both you and your child.

3) It is also important to remember that In the eyes of the law, if the husband is demanding full or part of your salary that too within 7 years of marriage, it tantamount's to Dowry and all such demand by the husband is deemed to be a demand for dowry which is illegal as per Dowry prohibition act.

Next steps:

4) First and foremost, ensure that you maintain your bank account as sole operative account so as to prevent any unauthorized withdrawal of monies from your bank account.

5) Please convene a meeting of elders to discuss the issue and resolve amicably.

6) If elders are unable to resolve the issue, the next alternative will be counselling (with help of external counsellor's) in which counsellor's will provide advise to your husband and bring some sense in to him.

7) Only if and if counselling fails(it is highly unlikely that the counselling will fail), probably we may need to address the grievance legally.

8) Also from your side, ensure that your husband develops a deep sense of involvement and is highly engaged and committed in parenting the girl child.

9) Both of you should feel good and excited as the child is a gift of god to both of you. We are sure seeing the child's grow in front of him, your husband will change his approach to monetary affairs and instead start focusing on the child, you and himself.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

You can refuse to give him the salary income to his especially when he is found to indulge in the habit of transferring the funds to his account.

He has no rights to do so.

You can withdraw the ATM card given him earlier or else your bunkers to nullify the same since it is damaged or missing.

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

You should assert your right to retain your salary and movable assets. Since you are suffering domestic violence at his hands the appropriate remedy in this scenario will be to file a case of domestic violence under section 12 of DV Act to seek protection order against your husband. The protection order passed by the magistrate, if violated by your husband, can result in a criminal prosecution.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Yes you can deny for paying any amount to your husband from your earnings. Your husband not having any right overs your salary. You can seek protection from District Protection Officer, Hyderabad under Domestic Violence Act resisting your husband from taking your earnings and any kind of pressurize. You can also approach to BHAROSA Center at Women Police station, CCS, Police Control Room, Baseerbagh, Hyderabad for getting counseling to your husband.

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

1) 498A cases take 10 years to be disposed of

2) police would issue notice to husband to record his statement

3) litigation is long drawn process . there are no short cuts

4) if there is settlement arrived at with husband he can file for quashing of FIR with your consent

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

The complaint before the police will remain in silence till you once again follow up with them.

Just giving a complaint and sitting at home will not fancy the police to progress the case or investigation.

You try to put pressure on them by visiting the police station as a follow up measure.

If there is an inordinate delay you may aproach the higher police official of the town/city with a similar complaint and request to intervene and direct the local police to expedite the process.

You have an option to file a petition before the jurisdictional magistrate court seeking direction to the local police for a speedy investigation and proper legal action against the complaint pending before them.

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

Write a representation to the senior police official that the investigations is not being done in the proper manner.

Since 10 days is a short time, but still you may write to the SP for immediate action and if nothing is done then after 1 month a writ can be filed in the HC for expediting the investigation.

You may claim maintenance for the child under section 125 of the Cr.P.C. Let me know if I can be of some help

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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