• Husband is not maintaining while staying in in-laws house

Hi
i am maried since 4 years amd have a 3 yrs old son...from very begining my husband and in laws dint let me live in thr house as less dowry was given....in 4 years my husband merely stayed wd me for 3 months...but he was sending me money ,wen in job
now 7 months ago he slapped me and a case was going on in mediation court but he nver turned up
and is not maintaining me and my son...i was staying in my parents house...bit 2 days ago i came to know tht my husband left for his job (merchant navy).and was also in a extra marital affair...now i came bak to my in laws house but my father in law was not letting me in...but i statyed forcefully with my son...now niether my husband nor my father in law ...they are not maintaing are needs...my son had to leave the school...nad my husband has not contacted me yet...my sister in law are insisting thm to throw me oit wth my son...i also threat my and sons life....my father in law says he has disowned my husband...what should i do now...
Asked 6 years ago in Family Law
Religion: Hindu

4 answers received in 30 minutes.

Lawyers are available now to answer your questions.

43 Answers

File a case of domenstic violance against them and they would stop doing all as it makes your part more strong.

And you can leave in the same house without any incursion.

Then ask for the maintenance complain.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

Hello,

You will have to file a maintainance case against your hisband, only your husband can mainta You and not your father in law.

File a case on behalf of your child and for yourself and also lodge an FIR for harassment against the entire family. Once the police will reach automatically they will bow down

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

After filing the case intimate the company of the husband about the case and request the company to send him back to attend court proceedings

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

1.file an application u/s 125 crpc for maintenance.

2. file a case of domestic violence Act.

3. lodge an FIR in mahilathana.

Atul Shahi
Advocate, Allahabad
160 Answers
1 Consultation

4.6 on 5.0

Please file a mandamus writ in the High Court to compel your husband to pay the maintenance amount to you for the maintenance of you and your son also request the high court to revise the amount of maintenance on the high court order even if your husband is not in the City the High Court may order recovery of the amount I am your husband or from his assets.

Please do it immediately to get relief.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

A Hindu male is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment.

A Hindu woman's right to maintenance is a personal obligation so far as the husband is concerned, and it is his duty to maintain her even if he has no property. It is well settled that under the Hindu Law, the husband has got a personal obligation to maintain his wife and if he is possessed of properties then his wife is entitled to a right to be maintained out of such properties.

The primary aim of the Protection of Women from Domestic Violence Act, 2005 is to provide protection to the wife or female live-in partner from domestic violence at the hands of the husband or male live-in partner or his relatives. The Domestic Violence Act includes actual abuse or the threat of abuse whether physical, sexual, verbal, emotional or economic and according to the law harassment by way of unlawful dowry demands to the woman or her relatives.

A daughter-in-law should be treated as family member, not housemaid” and she cannot be "thrown out of her matrimonial home at any time" .So file case under DV Act before Judicial first class magistrate court for getting maintenance and accommodation in share house .Hindu wife has a right to reside in her matrimonial home even if she does not own it. By matrimonial home we mean a property that husband either owns or at least resides in. Husband is under obligation to provide shelter to his wife and children, whether rented or owned, irrespective of him sharing the same residence.

Ajay N S
Advocate, Ernakulam
4072 Answers
110 Consultations

5.0 on 5.0

File application under section 125 crpc for maintenance. You can also file case under Provisions of protection of woman from domestic violence Act 2005 and claim maintenance and residence orders at your husband's house as shared household. You can also file 498A complaint against your husband and other related offenders.

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

The very first thing before leaving your in laws house do the right thing technically, write the entire details of each and everything that has happened with you from the very first and till today, get hold of the local police station address from internet and speed post the same to the local police station and ask for G.D.E .number and date.

Secondly, try not to leave husbands house, until it is very necessary , if you in possession of it, it is your biggest asset, call police and tell them your situation at home, file 498a also if situation worsen, write about the dowry you had been forced to give, then file 125 crpc maintenance where if unemployed husband has to maintain you and cannot escape paying and domestic violence case against all and right to residence also.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Respected mam ...

You have to seek maintenance from your husband only as you said that your father in law have ejected your son ...Just file an complaint under section 125 Crpc and in that complaint mention all such things that according to plan your father in law had ejected your husband and they both wants to escape from there liability ...Mam court will surelly listen to you ...Mam summons can be send to his appropriate office where your husband is at present through special massager ...You need not to worry just file complaint as soon as possible...

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

1) file case of dowry harassment case against husband and in laws

2) file DV case seek maintenance for your self and son , alternative accommodation from husband

3) also file application under section 125 cr pc and seek maintenance for your self and son

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

your father in law is not liable to pay you maintenance

2)you have to serve your husband and seek maintenance from your husband

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

1) Situation is very critical now, well till which standard you had studied?

2) If your husband is out of country you can file case here for alimony for you and child.

3) Are you working women?

4) how much your husband has property means self owned, father's owned and ancestral property. So I can guide you what should be your next step in legal way.

5) You can arrange consultation call for further guidance.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

You are entitled to maintenance from your husband for yourself and your son

File application for maintenance as advised herein above

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

Its your life do not blame others . Some times misunderstandings ruin our life more miserable. Try to become a good wife, mother and daughter in law. It is your life, Patch up all the disputes and issues .Law can help you only some extent and could not create a good family life.

Ajay N S
Advocate, Ernakulam
4072 Answers
110 Consultations

5.0 on 5.0

1. Do not leave your matrimonial home at any costs. This is your best bet.

2.Even if your husband is in abroad he is liable fro maintenance of wife and children.

3. SO to seek maintenance file a case for maintenance under PWDV Act. If notice would be served to your FIL who cana lso be made party to the case along with your SIL.

4.In the said case seek injunction as well so you may not be evicted romyour matrimonial home forecefully.

Devajyoti Barman
Advocate, Kolkata
22774 Answers
484 Consultations

5.0 on 5.0

You are requested to file the cases and complaints as i have already mentioned in my erstwhile reply to get justice. You can approach legal aid for the same. Kindly connect.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

If the case is filed under PWDV Act then the court can pass interim order under section 25 of the Act ex parte.

Devajyoti Barman
Advocate, Kolkata
22774 Answers
484 Consultations

5.0 on 5.0

Inform his office about pending case filed against him

In laws are not bound to accept summons on behalf of son

File dowry harassment case against husband and in laws

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

1) As of now neither you and you're husband are working. Please try to stick in the house removing of maid its not issues.

2) They have given entry in the home its very important try to take as opportunity and work as a owner of the house. Try to severe good taste food of everyone choices. Food can solve every matter by way stomach, if you want a place in their hearts the way goes from stomach.

3) keep everytime sweet on your tongue means respect,obey all of them no matter how harsh all those people will be. Try to convince them to educate your child and you have to take further till his graduation.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

1. In these circumstances you should immediately file a DV case to seek protection order against further acts of domestic violence and also right to reside in the shared household of husband.

2. You can also seek maintenance for yourself and your child from your husband even if he is out of India. However, you cannot seek maintenance from your in-laws.

3. A criminal case for 498A can also be filed against husband and in-laws as you have been harassed in relation to dowry.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Maintaining the children is the joint responsibility of both parents, your husband cannot abdicate his duty to maintain his wife and child. File the DV case.

2. If the summons are not being received by the in-laws then apply to the court to proceed ex parte and pass orders on the application for interim maintenance.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Make an application to proceed exparte thereafter court may proceed exparte and may take coercive steps

Atul Shahi
Advocate, Allahabad
160 Answers
1 Consultation

4.6 on 5.0

but my husband is not in the country....can i ask for maintaince from my father in law....as he says he disowned hos son - You cannot claim maintenance from F in law. The husband alone is bound to pay maintenance.

i am not working. File for S.125 Crpc maintenance against your husband, Get the summons served to your inlaws. If he fails to represent, court will issue arrest warrant.

i have already filed a case for maintaince. - If you have filed already under S.125, the refusal to receive the summons by addressee is sufficient service and the court can proceed to adjudicate the issue.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Gather evidence against them and file cases under 498A IPC and provisions of Protection of woman from domestic violence Act 2005. You can also file divorce if you desire. Rest I have advised you in my earlier reply.

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

1) where are you now presently residing.

2) you have filed a summons as well, situation are making worst now a days.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Respected mam...

Once someone file application or petition in Court then court will issue summons to the defendants or respondents and follow a proper procedure under crpc ...Mam if they are not appearing in court then court will first issue bailable warrant then non bailable warrant then then declare them P.O and might attach there property but respected mam this will take time and tou have to wait for that ...So just wait and ask your lawyer to help Court in declaring them P.O ...Mam you have to be patience..

Thanku

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

1. File a DV case against your husband and in laws, claiming maintenance, right to reside in the house where your husband last lived, protection against torture etc.

2. Also file police complaint against your husband and in laws alleging dowry harassment u/s498A of IPC.

3. Collect evidence of all their threats and cruel acts to force you to leave the said house in the form of audio/video recording.

4. If you feel that it is not worth staying with your husband any more as his wife, then decide and file a divorce suit on the ground of cruelty claiming substantial amount towards compensation/alimony.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. No FIL is not responsible for maintaining his daughter in law as per law.

2. You can lodge the police complaint as suggested in my earlier post and get the Notice issued in your husband's name along with that of your in laws and if he fails to attend the court repeatedly, NBW will be issued against him and it will be difficult for him to get his passport renewed or leave the country till the 498A case is disposed of.

3. You can pray for a direction upon the company of your husband to make a part payment of his salary to you towards your maintenance.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. Lodge police complaint u/s498A as suggested in my earlier post.

2. If summons/notices are refused to be accepted by thye accused, it will be treated as good service.

3. Ask your lawyer to file an application for publishing the said summons in two local Newspapers, one being in vernacular.

4. If he does not appear before the Court thereafter, pray for issuance of NBW against him to put pressure on him.

5. Engage a local lawyer having expertise in this field.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

If that is your matrimonial home, you can very well live there till you are legally whis wedded wife.

There is no such provision in law that a father can disown the relationship with his son.

This is just nothing but an act of cheating

You tell your FIL that it is his personal problem with his son, whereas since his son had been living in this house, you have rights to reside in your matrimonial home.

If your husband is not giving any amount towards maintenance you may file a maintenance case sitting in the same house against him under section 125 cr.p.c. for both you and your son.

If your FIL or SIL or MIL are forcing you out of the house, you may lodge a police complaint against them for this inhuman activity.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

but my husband is not in the country....can i ask for maintaince from my father in law....as he says he disowned hos son

Since it is the place where your husband resides when he is in the country, this will be your matrimonial home.

Disowning his son is the personal problem of your FIL, he cannot throw you out without making an alternate arrangement to put you in a separate house, or he has to wait for the son to take care of you and your welfare.

Take the help of law if your FIL is acting in excess.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

am not working....i am a graduate....and my husband is sailing write now...my father in law is taking pension....and they are also harassing me by removing the maid and asking me to do all the work wch was earliar done by maid...and also my husband was in a ilicit relationship wd his maid....and now wen i came back to in laws house....they asked ger not to come until i m thr...but on the other side my husband is sending her money...and fulfilling his needs..

You dont leave the house.

You can refuse to do the household works if being dictated or force upon you by others who sit idle while commanding you to do them.

Nobody has a right to illtreat you or force you to work for them.

You can demand money for maintenance from your husband or file a maintenance case against him.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

i have already filed a case for maintaince.....but my in laws are not recieving the court summons....they are rejecting it and making back end plannings ......my husband is not calling me but he is in touch with his family on daily bases....i m very much stressed and alone here ...dont know wat to do....mentally being harrassed thr is no source of income....i dont know how to bring him back from his job....may b thr office rules are different and they dont send him bak ...in this case what is the best that i can do...

aLet your ion laws not receive the summons, you dont worry about it, you try to get an exparte decree and file a petition to recover the same through his employer by filing a petition to serve summons to garnishee

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

File DV case seek protection order against husband and in laws

Seek alternative accommodation from husband

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

1) Try to stand on your own legs, be a working women or self employed whatever you can do.

2) Prove the adultery of your husband in court and tell to police officer in police station.

3) filed case against your FIL what scene he had created explain them all.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Under the hostile situation and there's a danger for your life in that house, it is better that you do not stay there becasue the rogue FIL may even try to kill you.

However you can visit the District superintendent of police office and give a complaint directly if the local police are not supporting or not taking proper and prompt action.

Your FIL cannot slap you or assault you, this is not only violent and illegal act but also an act outraging the modesty of women.

Dont spare him or others even if they fall at your feet seeking apologies for their arrogance and violence against you.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Get rid of the house, file 498a against your husband and in laws. Also, file S.125 which will pave way to issue arrest warrant to your husband. If the police refuse to act on 498a, approach court by filing a private complaint.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

1. Hope you have lodged police complaint against your FIL and other family members separately for yesterday's assault on you.

2. If police fails to take any action against him, file a Writ Petition before the High Court against police inaction praying for a direction upon police to register FIR, investigate and act based on your said complaint.

3. Meantime file a DV case against your husband and his family members including your FIL praying for maintenance, separate accommodation and also protection.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. File a police complaint for attempt to murder.

2. If you apprehend a threat to your lives then a writ petition may be filed in the High Court to seek protection of life and liberty.

3. Also adopt the remedies that I outlined in my previous reply.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Ask the police to lodge an FIR for harassment and physical abuse.

If you have been assaulted then definitely the law will come to your rescue.

Do not worry and ask the police to lodge an FIR

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Lodge a FIR against your husband and in-laws for they have a subjected you to cruelty.

Move a written complaint before the Police requesting them to lodge a FIR against your husband and in-laws.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

Also, move a complaint under the Domestic Violence Act.

Contact a local lawyer.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

Hi, with so many advices already you have, you are suggested to consult and engage an advocate

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer