• Divorce

I am a 39yr old woman with 6y old twin girls.My husband is a cheater,liar,manipulator and does not provide for me and my children.He has erectile dysfunction and refuses to get treated and has not touched me for 7yrs. We had children through fertility treatments.
In laws is a joint family with well off people with established businesses,govt doctors and NRI's, but only my husband never sticks to a job due to his irresponsible behavior.God taild of 5 times in 9years.
 In laws don't like girl children so me and my kids were abused and taunted always..I moved to my moms house in 2015 as I could not tolerate the bad treatment. Husband in dubai since 2008.He fled from Dubai last yr with a credit card default of 20lakhs.he has no intention of repaying it..
 After that never looking for a job and I discovered he was involved in girls(saw the addresses of prostitutes in his phone) and porn,Finally 2 months ago I spoke openly to my inlaws about the whole issue.They instead of helping me,threatened me to shut my mouth and get back to there house with kids and live there without opening my mouth or else they will do the worst.
Its been 3 months,husband not even seen the kids face or mine. Im an architect working from home and taking care of expenses.I have developed BP and diabetes due to the extreme trauma.My family offers no support saying the tag of a divorcee is very shameful to a muslim woman and will spoil kids future.They want me to go back at any cost.
I feel my husband is purposely not trying for a job because if at all I claim for kids maintainace,he can escape saying he is jobless.How can I claim maintainace if he is unemployed.
Can his family be forced to pay for the maintainace.
Please suggest.I want to wait for months and apply for divorce if he still abandons us.
What are my chances to claim custody and alimony or maintainace
Asked 6 years ago in Family Law
Religion: Muslim

2 answers received in 30 minutes.

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13 Answers

1) even if husband is unemployed he has to pay for children maintenance

2) his family not liable to pay for children maintenance

3)you can claim custody of your daughters as per Muslim personal law

4) welfare of children is paramount consideration

5) since you are qualified architect and working you would not get maintenance

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Hi, you can file a petition for maintenance under section 125 of the Criminal Procedure Code for maintenance to you and your children and if you want to file a divorce you can file a petition for divorce.

2. It is the duty of the husband to maintain his wife and children so your husband has to pay the maintenance.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

1.Unemployment of husband is no round to avoid maintenance So if you are unemployed your husband is legally bound to maintain you and the children.

2.To do this you will have to file case under PWDV Act against him wherein the court would grant maintenance as per your status and expenditure.

3.once order is passed your husband shall have to opportunity to avoid complying with the order as in that event he can be arrested and put into jail.

4.You can also file case for divorce as well case u/s498A IPC if you think this marriage is over for all practical purposes.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

1. You can lodge a police complaint u/s498A of IPC against him and/ his family members for torturing you.

2. You can also file a DV casec against them and pray for maintenance for yourself (if you can prove that you are not earning) and your kids.

3. As per the Apex Court, the husband shall have to maintain his family 'by begging or borrowing'.

4. You can not claim any money from your in laws towards maintenance.

5. You can file a divorce suit against him or ask fro Khulla as per Muslim law.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

If you have the option to obtain Khula, you may exercise your right to Khula and obtain divorce from your husband. Look out in your nikahnama if you have been delegated the right to Khula.

Even if your husband is unemployed, you can file a 125 CRPC maintenance case against him.

Do not reveal before the Court that he is unemployed.

You have a remedy under the Guardianship and wards act to seek custody and full guardianship of your children.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

If the situation at home is not conducive and is becoming intolerable you may decide to continue this marital relationship or not.

If the relationship becomes irretrievably broken then you have no option than to snap the ties and walk out of this marriage by seeking dissolution of marriage.

You can file divorce under section 2 of Dissolution of Muslim marriages act, 1939.

You can file as petition under section 125 cr.p.c. seeking maintenance for your twin children, let him say that he is unemployed and express his inability to give maintenance to children, let the court decide the next course, you do not jump into any conclusion on that.

In fact you file a maintenance case for yourself too after coming out of that house stating that you were force dot leave the matrimonial house owing to the prevailing torturous atmosphere and hostile attitude of him and his parents. You take your children with you, if at all he wants custody, let him file child custody case.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You have right to claim maintenance under section 125 of the code of criminal procedure it is immaterial that your husband is not working or he is jobless because it is Paramount duty of the husband to maintain his wife and children irrespective of the fact that he has not sufficient means to maintain. In this condition amount of alimony will be paid out of his movable or immovable property. You should file a case under section 125 and let the court to decide which means should be proper to grant alimony.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

you can take out execution proceedings for his arrest in case husband defaults in paying maintenance

2) since you are highly qualified architect you may not get any maintenance from husband

3) you can file DV case and seek compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. There are provisions in law to pressurise him to pay maintenance to the children, However if you are not able to prove his income, then the court also will not be able to come to your rescue in this connection.

2. Since you do not have regular income, you are also entitled to claim maintenance from him provided you have to prove his income and sources of income.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. If he doesn't pays up despite court order, he will land up in jail.

2. Yes. File a divorce petition under the provisions of the dissolution of Muslim Marriage Act.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

1. He will be charged with the allegation of contempt of court. If the Court has directed him to pay maintenance then he shall have to pay the same otherwise he might be sent to jail by the Court.

2. Maintenance is sought for maintaining the daily life and not towards compensation for the mental trauma caused. You can file a divorce suit against him claiming compensation for the damage caused to you or ask for khulla from him to start your life afresh.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. You may file a case for contempt or may file a case for initiating execution proceedings.

2. You can claim maintenance for you to survive and not in lieu of mental torcher.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

It does not matter that he is controlled by his parents in respect of matrimonial obligations. You should file a petition for maintenance and court will decide to execute it either against him or against his property. If the Court takes initiative to execute it against his property then his parents will be liable to pay maintenance on his behalf because properties are in his possession. It cannot be said that he has no property if he has bank account debit card or credit card then the court will presume that he has some properties.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

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