What is my legal rights as a wife, my husband got extra marital affairs and gave mental torture to me, he has not been working properly, not given any house hold expenses to me, since 6 months, and made circumstances in which i had to stop living with him, since one month i am living with my mother, and he decided to give me a divorce and i also but he cheated me, we people had love marriage since 13 years we got to know each other and 2013 we got our marriage registered and 2015 november we were living together.
Criminal: You can file an FIR against him for harassment and you can file a case for maintenance u/s 125 of Cr.P.C.
Family Court: You can file a divorce against him and can then claim alimony
Also if you two decide for mutual consent divorce then you can go for it and obtain divorce on mutual terms; also if you want to stay with him then you can file a petition for restitution of conjugal rights.
Regards
Since you've been deserted by your husband without any sufficient cause you should file a petition under section 9 of the Hindu Marriage Act before the Family Court.
Also lodge a FIR against your husband for cruelty and harassment. You could also lodge a petition under the Domestic Violence Act.
Seek both interim and regular maintenance from your husband.
1) file application under DV case and seek right to stay in matrimonial home or alternative accommodation, maintenance from husband and compensation for mental torture undergone by you
2) in divorce case you can seek interim maintenance from husband , alimony
Dear Concerned,
Under present circumstances you may choose to
a. Firstly file a case under section 125 crpc for maintenance
b. File a compliant under section 12 for domestic violence and claim for maintenance, residence and upfront maintenance and expenses.
c. Don't file Divorce - an wait for him to file divorce - ask for maintenance from him.
Best of Luck
i am presently doing job am i able to get maintenance from my husband? or i would show myself jobless??? i need punishment for him and i am 80% sure that my husband lost his current job where he was working since february 2017 and he is in property dealing and working as a free lancer so he may show that he has no fixed income so in that case will i be able to get alimony or maintenance from him?
if there is substantial differences in your income you would get maintenance
2)court considers your income ,husband income . standard of living , number of dependents while determining maintenance amount payable by husband
Hello,
You will then have to fight a little for it, and it is nor advised that you hide the fact that you are presently doing a job. Also if you need a punishment for him then you may go ahead and file a FIR against him.
Once the FIR is filed and a case is filed in family court, then he himself will ask you for settlement of the dispute.
Regards
Hi,
Have you ever filed any harassment case against your husband?
You can not hide your job to the court. But, You may be eligible to get maintenance / alimony from your husband.
Discuss with us.
Hi, you can file for maintanance under 125 Crpc .. Even if he is not working he has to provide maintainance to his wife .. In addition you can file for domestic violence complaint in court ..
You cannot do anything about his extra marital affairs.
You can opt for dissolution of yor marriage ion this ground i.e., adultery and can claim maintenance.
You can file domestic violence case against him claiming protection and maintenance.
i am presently doing job am i able to get maintenance from my husband? or i would show myself jobless??? i need punishment for him and i am 80% sure that my husband lost his current job where he was working since february 2017 and he is in property dealing and working as a free lancer so he may show that he has no fixed income so in that case will i be able to get alimony or maintenance from him?
You can apply for maintenance even if you are employed, let the court decide your case on merits.