• How can I get rid of mental torture from my husband?

My husband doing his post doc from DRDO, Hyderabad. Due to pregnancy I am living in my father's house in Kolkata. At this point, my husband refuse to give any financial support to me and refraining to contact me. I am seven months pregnant now, so I am unable to get any job. Is there any legal step to follow?
Asked 1 year ago in Criminal Law from Habra, West Bengal
Religion: Hindu

Hello,

You can file a case of maintenance under section 125 of the Cr.P.C. and thereafter can claim the amount of maintenance from your husband. The said case can be filed by you in Kolkatta also

Regards

Anilesh Tewari
Advocate, New Delhi
17268 Answers
267 Consultations

5.0 on 5.0

Dear Client,

You should file application in court for maintenance and medical expanses u/s 125 Code of Criminal Procedure, court will order to provide you financial support.

Yogendra Singh Rajawat
Advocate, Jaipur
14511 Answers
19 Consultations

4.6 on 5.0

You can first seek maintenance form your husband can file for maintenance under section 125 Crpc to seek the financial support. Also if there is a domestic violence and torture a dv case can be filed against him and under that also maintenance residence and protection can be sought.

Further kindly take care of yourself in this condition since this is cruelty on part of husband can file a divorce on that ground on him.

Shubham Jhajharia
Advocate, Ahmedabad
20816 Answers
81 Consultations

5.0 on 5.0

File a case of restitution of conjugal rights against your husband.

Your husband is bound to extend financial support to you besides he's also obligated to discharge his marital obligations towards you.

Consult a local matrimonial lawyer.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

According to Indian hindu marriage act Wife has right to take money half of husband income if the wife is dependent.

But itsnot viceversa

Hemadri Chandrakanth
Advocate, Vijayawada
98 Answers
7 Consultations

4.0 on 5.0

if u take any action, it may affect ur marital relation. In case of unavoidable circumstances, u can seek maintenance in dvc case by approaching concerned court.

Konda Srinivas
Advocate, Hyderabad
208 Answers
2 Consultations

Not rated

You can claim maintenance u/s 125 crpc. You can claim maintenance for yourself and your unborn child as well.

If he is treating you with cruelty, you have remedy under domestic violence act. If you don't have financial means to fight the case against your husband, then you can also file maintenance pendent lite u/s 24 hindu marriage act.

Mrinali Prasad
Advocate, New Delhi
20 Answers

Not rated

you can file a maintenance case under domestic violence act, section 125 of criminal procedure code against the husband seeking maintenance for you as if now. After birth for the child also.

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

Issue husband legal notice to pay you maintenance

2) if he refuses file application fir maintenance under section 125 cr pc

Ajay Sethi
Advocate, Mumbai
68918 Answers
4147 Consultations

5.0 on 5.0

This is my response to you:

1. Send him a legal notice to claim money from him;

2. File a divorce case under the grounds of separation and cruelty;

3. If he still does not respond then claim for interim maintenance from him;

4. Then later you can claim for permanent maintenance.

Gowaal Padavi
Advocate, Mumbai
1841 Answers
2 Consultations

5.0 on 5.0

If you are in need of financial support a Criminal Miscellaneous case can be filed before the magistrate under Sec. 125 CrPC asking for maintenance for you and for the medical requirements you'll be in need of in the immediate future. Disputes with respect to matrimonial issues needs counselling and I suggest you to contact an advocate for proper guidance.

Nithyananda SG
Advocate, Bengaluru
5 Answers

Not rated

You should file a petition for maintenance under section 125 CrPC against your husband as he is legally bound to maintain you. You should also file an application for interim maintenance, where maintenance amount would be given to you during the pendency of the case, which would be at the discretion of the court.

Siddharth Jain
Advocate, New Delhi
4961 Answers
55 Consultations

5.0 on 5.0

Simply file a petition in the family court under Section 125 CrPC for the maintenance and include the legal charges as well the court will order maintenance based on his income and he will be bound to pay periodicaly.

Vimlesh Prasad Mishra
Advocate, Lucknow
5673 Answers
19 Consultations

4.9 on 5.0

1. This conduct is not at all normal and may a precursor to breaking of the marriage.

2. Talk to him directly and ask for money. if he refuses to pay nevertheless then take this a call to explore legal recourse.

3. then you can file case for maintenance under PWDV Act from Kolkata.

4. Wait for sometime before you decide to file case under section 498A IPC.

Devajyoti Barman
Advocate, Kolkata
18111 Answers
260 Consultations

5.0 on 5.0

You can always file a case under Section 125 of the Code of Criminal Procedure to claim appropriate maintenance from your husband. There are several other avenues to secure adequate financial support from your husband.

Gunjan Shah
Advocate, Kolkata
16 Answers

Not rated

There are two things that I would advice you to do immediately.

1. Lodge a complaint in the local police station against your husband for maintenance.

2. Write off letters to the West Bengal Commission for Women and National Commission for Women, Delhi narrating your entire ordeal. The Commission will look into the matter and counsel both you and your husband. They will also force the police to investigate and take action if it is not. Your husband will be forced to look after you or will face criminal proceedings.

The address of the National Commission for Women is:

National Commission for Women, Plot No. 21, FC 33, Jasola Institutional Area, New Delhi - 110025.

Both the above are cost effective measures and will not cost you a penny. You do not need a lawyer for either. Also, it will help you in the future if you have any further complaints.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

You can file a maintenance case against him claiming maintenance as well as amount for the expenses

Since he is not employed but doing only post doc research, he may get stipend alone which cannot be construed as regular income, however this will not bar you from claiming maintenance from him.

It is his duty to maintain his wife or to send her money every month for her sustenance.

T Kalaiselvan
Advocate, Vellore
58764 Answers
743 Consultations

5.0 on 5.0

1. You can file a petition u/s125 of Cr.P.C. claiming maintenance for you and your child after his/her birth.

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

Krishna Kishore Ganguly
Advocate, Kolkata
22759 Answers
612 Consultations

5.0 on 5.0

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