• Section 125 or divorce - what will be the best option

Hi
My marriage happened 7 yrs ago we live 5 yrs together and from last two years he left me at my parents house because he got job in another city but its been 2 years and he is not taking me with him. even he gave me his address only in last month. he said he does not want to stay with me then he said i have to give him written statements about mentioning that i was tourchering him but all this is baseless claims. his parents brain washed him in my absanse when he was in another city now he only listen them and blackmailing me about written statements. i am begging him and his family from last 2 yrs but they don`t listen to me. He asked me give written statement about the some mistakes such a while we were arguing i was saying i will die if u behave like this and he was also behaving like that but i never made it big issue. he made all these small things big issue, that he want that i have to give him written about all these things then he will take me with him, but i am not agree with this because i think he can misuse such thing for another purpose in future. now some lawyer suggest me to go for section 125 and section 9 while some suggest me to go for filing divorce but i am handicapped and he is also handicapped so this is my last chance of marriage so i am thinking about filing section 125 and section 9. I am not working but i am highly educated. I never did job so for me its really difficult to find job after many years without any job experience and because of my disability. My husband is earning very well around 23 lac per anum and he also owns two houses by his name but they both are on loan. can you please suggest me what should i do to secure my future ??because my whole life depends upon that. i don`t have any child. someone told me by filing 125 he will give u his house which is in my city to reside but it will benefit him to save money because he knows that i can`t claim on his property and may be his parents kick me out from his home in his absence so please suggest me best possible way to secure my marriage and also secure my financial future. moreover some people are saying me he is giving me 15000 from last 9 months so i can`t file section 125 but it is too much less money as compare to his salary. i am hardly surviving by this amount because i don`t have another income source and because of my disability there are many extra costs which i have to bear. though i don`t want divorce but what amount i can get if divorce is going to happen? can i refuse to stay apart ?
Asked 4 years ago in Family Law
Religion: Hindu

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15 Answers

Dear Concerned,

THERE seems to be not much of disturbances between you and your husband and its just the wrong intervention into your lives that he is not motivated enough to take you with him -----

PLEASE NOTE THIS AND do this if you have GUTS to do it BECAUSE it is legal ....

YOU have the address of the other city - along with friends and family - go to your husbands house and enter the house and start staying in the house he is staying - PLEASE note there is no litigation till date and hence no one can stop you from entering your husband's house ..... YOU ARE legally married to him hence go and stay with him.

SECOND - as you mentioned that your husband has a house in your city - you can gate crash this house as well - you may choose to go and stay in this house and start staying here - PLEASE NOTE that's your husband's house and again no one can evict you from this house unless litigation is filed.

Third - IT YOUR life you need to decide - ANY litigation at this stage be it crpc 125 or HM 9 all will lead to complete breakdown of marriage - also please check with a local lawyer in the city where your husband is staying .. we anticipate if your husband might have filed a divorce on the ground of desertion and might have intiated ex parte proceeding - so better you check with a local lawyer of that city.

UNDER any circumstances do not give anything to your husband in writing.......it would be 100% used against you .

BEST OF LUCK

Atulay Nehra
Advocate, Noida
1281 Answers
58 Consultations

5.0 on 5.0

Hello,

Try to contact your husband and seek an appointment with a family counsellor. Don't involve the family members.

If things fail to work out, file a case for section 9 for restitution and 125 for maintenance.

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2938 Answers
6 Consultations

4.7 on 5.0

You can file DV case against husband seek right to stay in matrimonial Home , maintenance, compensation for mental torture undergone by you

2) you can file petition for RCR under section 9 of HMA , seek maintenance from husband

3) if you want to stay with husband then don’t file for divorce

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

First of all if you want to save your marriage donot go to the court.

Try talking to your husband, ask him to take you back together and normalise things because there is no such big issues between you two , you can save your family.

More over you have every right grated in law but resorting to those can further exegarate your problem

So first talk to your husband if not ready file for just RCR under section 9 the court shall refer for mediation in mediation sort out your disputes.

Since 125 is only for maibtainance but has criminal liability attached to it on non payment also so better to refrain from that also for tine being let RCR be heard and decided. If then he is not changing stand file for maintainer against him and seek divorce.

And do not write and give anything.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
171 Consultations

5.0 on 5.0

1. If you do not have sufficient source of income of your own then you are eligible to claim maintenance from him for yourself as it is the duty of husband to support his wife financially.

2. The mere fact that he has been giving you 15k for the past 9 months does not disqualify you from claiming maintenance if the amount is insufficient. You are entitled to enjoy the same lifestyle which you were enjoying prior to separation.

3. Permanent alimony can be paid to you only if there is mutual consent divorce, which requires a positive agreement among spouses to end their marriage on mutually acceptable terms.

Ashish Davessar
Advocate, Jaipur
30759 Answers
958 Consultations

5.0 on 5.0

Dear Cleint,

U can file for maintenance to get it increase according to his income and other surrounding circumstances. No bar even if husband paying willingly.

25% Of Husband’s Net Salary Just & Proper To Be Awarded As Maintenance To Wife: SC [Read Judgment]...

Read more at: http://www.livelaw.in/25-husbands-net-salary-just-proper-awarded-maintenance-wife-sc/

Income Of Husband Not Sole Criterion To Determine Maintenance Pendente Lite: Delhi HC [Read Judgment]...

Read more at: http://www.livelaw.in/income-husband-not-sole-criterion-determine-maintenance-pendente-lite-delhi-hc-read-judgment/

Yogendra Singh Rajawat
Advocate, Jaipur
21482 Answers
31 Consultations

4.4 on 5.0

You can file a petition seeking maintenance amount at least to the extent of Rs. 50,000/- per month under section 125 cr.p.c.

You can file RCR petition also

Since you are handicapped person, you may not hurry up to divorce because that will see the end of your married life.

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

Go for for enhancement of maintenance U/s 127 Cr.P.C., give the evidence in the court about the salary and details of property of your Husband saying that 15k is too low for maintainance and it should be around 50k per month. Seeing the salary of your Husband 23L per annum as u say magistrate will certainly pass a order for enhancement.

Girish Bhambhani
Advocate, mumbai
24 Answers
1 Consultation

4.0 on 5.0

It's better to go for rcr 9 as court decree has validity even he husband please and the differences can be sorted out then private consultation is not bad but rcr is anyway Better.

See of things sort out with a private mediation without going court then it can be good in respect that no party is dragged in court moreover donor sign any document try of.things resolve in private mediation . No it cannot bind him for.maintaince separately application has to be given

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
171 Consultations

5.0 on 5.0

In the section 9 case the court will arrange for mediation automatically even if you dont ask for it, hence you may wait for that.

For maintenance in the same petition you can file an application under section 24 HMA seeking interim maintenance.

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

1) you can file petition under section 9 of HMA for RCR

2) seek maintenance from husband

3) when you file RCR court would refer parties for mediation

4) no harm in going for private mediation

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

You are on the right path, you need to file the petition under section 9 HMA and 125 CrPC against him by which he may get his lesson. Divorce is only required if you pursue your life with some any other person. Right now priority is your survival and peaceful life & liberty. You need to go mediation only by way of court. For enhancement of maintenace there is another provision for that.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

1. No Court can force anybody to stay with his/her wife/husband if he/she does not wish to.

2. So, your filing of RCR petition u/s 9 of HMA will be of no use since even after getting the order for restitution of the conjugal relationship, your husband may refuse to stay with you and in that case no action can be taken on him and he can not be forced to stay with you. Only benefit for you will be that you shall get the decree of divorce quickly if you file divorce suit after one year of his refusal to join you.

3. You should file application u/s125 of Cr.p.C. praying for a direction upon him to pay maintenance of at least Rs. 60 thousand per month being i/3rd of his monthly net earning.

4. You should avoid filing divorce suit since you are not likely to remarry after taking the divorce.

5. Alternatively, you can agree to file the jointly signed Mutual Consent Divorce petition if you are paid rs.50 lakhs as compensation for your survival and in that case the MCD petition will be disposed off within 6 & 1/2 months from the date of its filing.

Krishna Kishore Ganguly
Advocate, Kolkata
26470 Answers
726 Consultations

5.0 on 5.0

1. First try to settle the mater amicably.

2. So go for the private mediation but do not give anything in writing.

3. Filing petition u/s9 of HMA is useless step as explained in my earlier post.

4. Mediation through Court order will never yield any result unless your husband is willing to settle the dispute.

5. Go for the private mediation and try to settle the dispute amicably and if the mediation fails, file application u/s125 of Cr.P.C. as suggested in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
26470 Answers
726 Consultations

5.0 on 5.0

For increase maintenance, have to file separate application.

And can try for private mediation any time. If failed than can go through court.

Yogendra Singh Rajawat
Advocate, Jaipur
21482 Answers
31 Consultations

4.4 on 5.0

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