1)you can use the money to meet your expenses

2) it would not affect your filing of divorce case in future

3)you can take the plea that funds were invested in your name out of love and affection and husband is not entitled to return of the funds

You can use the money sent by your husband.

Your husband has all the rights to claim the money he has deposited in your name.

yes you can use the money you have and file a FIR of domestic violence under section 498A of IPC along with the case of Dowry Provision Act sec 4 for the Dowry.

Please file an other case in the family court for your maintenance u/s 125 of Cr P C.

If you don't wish to continue with the marriage you may file a divorce petition after 6 month of your separation.

1. It is unfortunate that you cannot lead a happy married life and you are facing the mental trauma for last 4 years.

2. A happy marriage is the union of two good forgivers.

3. Yes, you can use the money which the husband has started sending for monthly expenses.

4. Using this money will not create any problem if you file a divorce case in future.

5. No, the husband cannot ask to return the funds if you file divorce case.

6. I would suggest you to file a domestic voilence case against your husband.

7. You can file a contested divorce petition in future on the ground of mental cruelty, physical cruelty, demand for dowry and denying sex.

8. Indian laws are more concerned about the protection and betterment of women. So i am sure you will get justice. Don't give up. Fight for your rights.

9. At last i just want to say that human progress is neither automatic nor inevitable... Every step toward the goal of justice requires sacrifice, suffering, and struggle; the tireless exertions and passionate concern of dedicated individuals.

GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Dear Client,

It is indispensable noble duty of husband to maintain her wife. Use it, no consequences neither it would be ever required to return it.

Fund invested in ur name is good. But if u want divorce without complication than y use his money invested in ur name. U also suppose to good to him.

WELL no issues, u can use it for personal expanses.

Dear Concerned,

With the notes it seems that you have decided to separate from your husband and hence you may file divorce. HOWEVER we would suggest that speak to your husband and ask him if he is interested to give you Mutual Divorce as other form of divorce and any other form of litigation will take long time - you may discuss the terms of Divorce with your husband in case you want any financial settlement etc.

In case your husband does not agree to Divorce you mutually you may choose to file Dowry , Domestic Violence and cases under related laws.

Best of Luck

Hi

Firstly , you can use the amount he has been transferring to you. This would not have any kind of problem in filing divorce.

Yes he can ask for the invested amount back but for that he need to file a separate case , which I think he would not take much tension.

Thank You

1. You have every right to use the money he send you as it is the duty of a husband to maintain his wife who does not have sufficient sources of her own to maintain herself.

2. Your husband has no right to seek the refund of the money he invested in your name with his free consent.

1. Your matrimonial relationship has not yet reached the terminal stage and there is still chance of its revival.

2. A married person depends on masturbation being in the marriage and in presence of his wife if he feels incapable of dealing with his wife mentally (may be physically also) and engages himself with an imaginary girl in fantasy who will act and behave strictly as per his wish without any argument/claim/demand etc.

3. It appears that your husband has psychiatric problem since childhood which may be corrected after counselling.

4. The good sign is that he is sending you Rs.25 K for your maintenance of his own.

5. You can very well use that amount sent by him since as per law, he is supposed to maintain you and he is sending you the said amount with out any Court order.

6. he can ask for the amount if he can prove that he has paid the said amount to invest in your name for which he shall have to file an application before the Court and you shall get a chance to counter it.

7. You can file a divorce suit on the ground of cruelty, if you so desire, after collecting and submitting evidence in support of your allegation.

8. You can also negotiate with him to jointly file a mutual consent divorce petition on agreed terms which will be disposed of within 6 & 1/2 years from the date of its filing.

Grounds for Divorce: Cruelty

What is Cruelty?

Even the best marriages experience emotional ups and downs. It’s not uncommon for a loving spouse to have a bad day, or blow up and say regrettable things to the other. However, repetitive abuse or inhumane treatment constitutes cruelty or domestic violence: This can result in broken bones or broken furnishings, or it can cause emotional harm through repeated intimidation, violent language, verbal abuse, or threats of harm.

What Acts Constitute Cruelty in a Marriage?

Since laws regarding marriage and divorce vary from state to state, the rules governing cruelty will differ depending on where you live. The only way to know exactly what counts as grounds for cruelty in your state is to read the statute or to consult a local family law attorney for advice. Some common examples of cruelty include the following:

physical attacks on a spouse

continuous rage, anger, screaming, or yelling at a spouse

constant belittling or criticizing the other spouse’s abilities, employment, or looks

publicly flaunting an affair or adulterous relationship

falsely accusing the other spouse of committing adultery

failing to tell the other spouse about an acquired sexually transmitted disease, while continuing to maintain sexual relations with spouse, and

consistently staying away from the marital residence without any explanation.

A cruelty trial can easily end up turning on which spouse is more believable. To support your case, you should bring copies of police reports, medical records, text messages, and emails that evidence any kind of abuse and photos of physical injuries or property damage caused by your spouse.

How is Cruelty Different From Neglect?

In some states, cruelty and neglect are synonymous grounds for divorce. What this means is that a spouse who has abandoned the family without providing any financial support over a period of time, may have committed cruelty. Generally, neglect or abandonment is easier to prove than cruelty. Some state laws use the terms “indignities” or “neglect” to refer to mental and physical abuse. Check the laws of your state to see if you can file for divorce based on cruelty or neglect.

How Do I Prove Cruelty as a Divorce Ground?

Many states recognize both fault and no-fault divorce grounds. If you’re seeking a fault divorce based on cruelty, you have the burden of proving that you’ve experienced such extreme cruelty that staying in the marriage is impossible. Claiming you were married to a mean-spirited, nagging wife or a hot-tempered husband probably won’t be enough.

Proving cruelty can be difficult because of the “he said-she said” nature of these allegations. For example, if you testify to a judge about your spouse’s unkind acts, your spouse may respond that you are to blame and bring up all your past transgressions. A cruelty trial can easily end up turning on which spouse is more believable. To support your case, you should bring copies of police reports, medical records, text messages, and emails that evidence any kind of abuse and photos of physical injuries or property damage caused by your spouse.

He is bound to maintain you hence he is sending you the money for maintenance on his own even without a court order or any demand from your side.

Thus this becomes your own money in which you only have rights, he cannot demand it back for any reason.

If you want to file a divorce case you can go ahead, this will not hamper your divorce petition.

You can seek permanent alimony too after divorce is granted.

You can use that money for your use, it won't impact anything. Yes he can definitely ask for that amount.

You must return your husband passport failing which he would file Police complaint against you under section 406 of IPC for criminal breach of trust

Whatever is the situation you can not hold his passport.Instead you may pray to the court that he might be leaving the country keeping the case pending so appreciate orders for his physical present should be passed to ensure his presence till the trial.

1. It is of course not a lawful step to take away husband's passport to create pressure on him for giving consent for divorce.

2. However, it will be difficult for him to prove that you have taken it away.

3. Don not ever admit any where that you have taken that passport of his.

4. Ensure also that he does not audio record your admission that you are holding his passport.

5. He can lodge a missing diary and apply for a fresh passport.

6. Till he manages to get a fresh passport, file a DV case against him and also lodge a police complaint against him alleging dowry harassment u/s498A of IPC.

7. Thereafter file a divorce suit on the ground of cruelty and being entangled with so many cases, including criminal case u/s498A of IPC, he will not be able to get the fresh passport and even if he gets, he will have to take Court's approval for leaving the Country.

8. After facing all these cases, he might agree to sign the MCD petition jointly with you which will be decided within 6 & 1/2 months from the date of its filing.

You cannot hold his passport as ransom to get your desire fulfilled.

It is a criminal offence to hold the passport of a third person.

He may lodge a criminal complaint on this which will make things more complicated.

If he is not agreeing for divorce on mutual consent grounds, you may file a contested divorce.If he is not available then you can get an exparte divorce which will be more faster than the contested divorce.

Who knows u have passport.

Contact for precise advise.

1. You cannot keep his passport without his consent. You are bound to return it on demand, failing which a case can be filed for theft against you by him.

2. If he does not agree to do it mutually then you may unilaterally file a petition for dissolution of matrimony.

File case as soon as possible.

holding passport and threatening him for compromise is a offence.

Hold him for as long as it's possible and try to use this opportunity to enter into a settlement with your husband.

At any time things get severe, return him his passport or he may register a police complaint against yuo.