• Need of an accommodation

Hello experts... I have already taken your lot of help for which iam thankfull to you all.
I have asked many questions regarding dispute with my fauzi husband. As i told you all we got married against parents wish and just after 3 months he absconded me saying he doesn’t want me anymore and denied to stay together. ( after marriage we didn’t stay together, i was staying in PG). When i put this matter to his Unit army authorities they asked him to apply for an accomodation in cantt , but he did not apply for the same. Even then army gave me an accomodation on their mercy and asked my husband to live with me there. I lived there with him for 5 months and in these 5 months he made sure to torture me to an extent that I myself leave him and go. But I couldn’t go because i had no place to go and kept on tolerating his torture. Recently i filed for DV case in court of law and a complaint in CAW cell. Hearing have not started yet in court although summons has been already sent. In the proceedings of CAW cell my husband’s point is “I have Married her just to give her security and asked her to keep this marriage secret for the time till parents don’t agree for our marriage, but she reveald at front of everybody so now I don’t want to stay with her”. Is this a valid point?? Does it have some sense?? Reality is after 3 months of our marriage he asked me to cancell our marriage as his family already fixed his marriage to some other girl. From there our disputed started.
Apart from this the accommodation which army has given to me on their mercy now asking me to vacate it as some other offcer has applied for it so as per rules he got it. I asked my husband to provide me an alternate accomodation, he offered me to live in a PG. for this I denied. I asked him same standard accomodation ( 2bhk + 1 servent room) but he denied.
He simply sent me a mail mentioning vacate the accommodation earliest else I will break the lock the shift your belongings and any loss of your belongings will not be my responsibility. He mentioned regarding shelter i will reply in the court. What i can do regarding this?? Iam survivng by living at my friends place and now i have to vacate that accommodation also so where would i go?? Neither he is giving me any money. As we all know our legally system is little slow and it will take time orders to come from court. How will I survive till then? I have also applied for maintenance in army but they said it will take few months. Authorities instructed my husband till the time maintenance will not start he should assist me financially and the amount will adjust later but he is not doing the same. Now iam fed up.
Can tou pls guide me what orders can i get from court regarding maintenance?? Can my husband ask me to live in PG?? Does court will consider his this statement that he wanted to convince parents first then wanted to start married life?? Help me
Asked 4 years ago in Family Law
Religion: Hindu

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16 Answers

Immediately file domestic violence case where you are supposed to get interim maintenance upon submitting of protection officer report. There is a judgement which states if maintenance not paid ex parte it will be a problem for wife.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

The defence raised by your husband woukd not stabs legal scrutiny

2) husband cannot refuse to stay with you merely because you ha r disclosed your marriage

3) husband is bound to provide you maintenance

4) court can award you one third of his net income as maintenance

5) he is bound to provide you accommodation but you cannot insist that it should be 2 BHK

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

1) Your husband won't deny that you are his wife. By putting foolish cluase that this was private marriage. So once marriage done and he had accepted you as his wife.

2) Now stick to point of Military Court and again apply for accommodation for you. Let military court come to know the facts and issues currently you are facing, the issues raised by your husband.

3) Tell the military court meanwhile till the order get from military courtvof divorce kindly grant accommodation on husband name, so we you both can leave it.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

No first of all a marriage is valid marriage his statment is hogya and shall not be considered

First of all you make an application in court through your advocate for accommodation and interim maintenance under Dv act and request court for early hearing under these circumstances.

His statement won't be considered according to suprme court judgement husband is liable.to give extent of 25% salary as maintenance to married wife and also under domestic violence act you can seek accommodation residence either husband pay for it or provide you with accommodation.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You may file a case of maintenance under section 125 of crpc and that includes the accommodation expenses as well.

The Army rule will give you maintenance as per the procedures directly from his salary.

The plea of secret marriage is baseless and will not stand to non maintenance of the wife.

Please put a case of 498A as well on him.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Under hindu maariage act the ground of irreversible break down is not available for divorce if he goes on other grounds he need to strictly prove same before court.

You file application of maintenance and accommodation his ground for divorce shall not be considered.

You can make an application before court where he need to disclose all income and asset on affidavit For deciding maintenance.

Don't worry his divorce won't succeed.

Also as you have not mentioned date of your marriage under hindu law no divorce petition is available within 1 year of marriage.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) irretrievable break down of marriage is not ground for divorce

2) if husband files for divorce you can file petition for RCR under section 9 of HMA

3) you can seek maintenance from husband .

4) you should get justice

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

1) Yes, you will get justice and maintenance under section 125 CrPC.

2) Court may grant you 20-25k as alimony, but not sure about residential house.Till the time he is alive you will not be entitled for his house share.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Hello,

File a case u/s 125 (1) for interim maintenance and a suit for divorce on the grounds of cruelty.

Hope this helps.

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Yes you will!

File a petition for the RCR under section 9 of the Hindu Marriage Act along with the maintenance for you until you stay separate by praying court to ask for all the details of salary ITR of last 2 years and property details.

File FIR for domestic violence and 498A of IPC in the police station of your residence and call him for the mediation in police station.

Don't let him do things so easily and always poke your nose in all sort of actions he take.

Give him a befitting reply and let him feel the pain you are in.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hi,

You may get justice and you are suggested to present all the facts to court.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Hearing have not started yet in court although summons has been already sent. In the proceedings of CAW cell my husband’s point is “I have Married her just to give her security and asked her to keep this marriage secret for the time till parents don’t agree for our marriage, but she reveald at front of everybody so now I don’t want to stay with her”. Is this a valid point?? Does it have some sense??

If he is giving this statement before court, he will get trapped himself for the cruelties he meted out to you

He has admitted the marriage but to avoid his people becoming aware of it he started torturing you, this admission should be sufficient to get him punished for the offences he has committed.

Since the court proceedings take much time, you must insist the court in the next date of hearing that as you are literally on the streets, he may be instructed to provide you accommodation immediately.

For maintenance amount you may insist the army authorities to deduct some amount from his salary and send it to you as interim relief till such time court passes an order against him on this. There are provisions in army regulations for this.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

If the property is jointly owned then he cannot sell the same or transfer it to another person without the permission and consent of the co-owner.

You can occupy that flat since you are a joint owner.

The irretrievable break down of marriage is not recognised as a ground for divorce as per Indian laws.

If he files a divorce case you may challenge and dont accept his allegations and dont permit him to get your marriage dissolved by a decree of divorce.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

The amount of maintenance is discretion of court. You will get atleast 25 percent of salary. No it's not a valid point.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

Hello,

Please note that irretrievabl break down of marriage is not a valid ground to take divorce in India

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

See maam you have to understand that no court can force him to live with you

At max you can get the maintenance and you may get him convicted for various offences

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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