Hi, I am 35 YO female, married last 10-years, have a 4.5 years old kid. staying with in-laws in Delhi. House is owned by in-laws. bACKGROUND: I was earning since 2008 and left my job in August 2018, due to issues at home. Constant nagging, late-night quarrels, constant pressure, which led to depression and insomnia. But this is not the issue. I was at a good post, earning a 10-figure salary. Whatever I earned I deposited in buying a house ( I am the sole owner), which was 15% of the total house money. Now that I am not earning I can't apply for a loan, and the house deal is stuck. Rest of the money is in my Son's account. 2. My husband and in-laws are always asking for my salary. I gave them 10K per month for one year, then stopped. Whenever there is any talk about money or how much my husband is earning ( I am unaware). I am told that this is not my problem, what I am doing with my money, I have no right to ask for my husband salary. and since last 10-years I do not know anything. In fact, my husband is earning for more than 14 years and he has no property anything in his name. everything is managed by his parents. My in-laws have never let my husband take decision for his family or do anything as a husband for his family. they take care of my husband food, clothes, salary. I am nobody. I requested them to allow me to live separately with my husband, once our life is settled we can come back. There is no understanding, no talk, nothing in between us as a family. But my husband and in-laws refused. So I am stuck at this point, and for the sake of family and my son continue to bear life as such. 3. My father-in-law is a retired government high-school teacher and is getting a satisfactory pension. 4. Since last 6-months, as I am not earning, I am considered a burden and constant fights and nagging happen at home to drive me away. I do not wish to seek divorce for the sake of my son, to give his family. 5. But my husband is not giving me any money for my daily expenses, I can't deplete my savings. He said I am providing you with food, what other expenses could I have. I have lived a very comfortable life. I am frantically looking for a job but not getting anything in Delhi/NCR due to more experience (>10 years) and a high salary. What I can get is in Bengaluru/ Hyderabad. But I can't accept a job with my toddler(no one to take care of with my 9-10-hour job). I have asked him only 7-8K monthly for my expenses. But he said use your savings. His earning is more than 1 lac per annum (I guess). This is unfair. Where should I go for money when I am staying with him from the past ten years. What should I do?
1) file application under section 125 cr pc seek maintenance for your self and child
2) court would award you maintenance as you are not working as you need to take care of your son
3) in alternative file DV case seek alternative accommodation , maintenance from husband for your self and child
1) You can ask him for monthly expenses and tell him you are going to visit in women's cell in the police station and further tou can file case of section 125 of CrPC.
2) Don't leave your in-laws house at any cost. Later he will be able to manage to give you monthly expenses.
Dear Client,
You can claim maintenance through court but this will deteriorate situation more. Better get into job, live in your own way.
1.There are various proceedings in which maintenance can be claimed from husband for herself and child
Petition under section 125 Cr. P.C for maintenance.
2.You can approach the mediation centre In court of your local jurisdiction.
Hi, Thank you all for your response and guidance. Please note, following two points: 1. My husband is providing school fees for my son, rest clothes, medicine misc, toys, expenses are borne by me. He is not saying no to these expenses. But based on our status we can't just buy roadside Rs 50 toys and clothes for the kid.The essence here is he will do the needful but just for the sake of it. 2. as I said in my previous post, circumstances were made that I have to leave the house, when I was expecting my kid, and stay with my parents for one year. At that time, meetings were called at meditation center or national commission for women cell, but my husband never visited or attended the meetings. He came twice for a total of 12 meetings. Every other time either my father-in-law came for attendance or bribed the person for attendance. so meditation cell is not a thing. my husband will never come. Instead, his father will come. What will be the use of it then? One of the suggestion is to get a job, I am trying since last 6-months, but It is very very difficult. I need to move. If I move out, they will take my son and I am out of their life. I have invested 10-years in the marriage. Without any gross fault of mine, I am supposed to bear the consequences. My father-in-law is like someone who will find a way out of any situation, it is difficult for me to even talk and make sense to my husband. I just want some money for my daily needs, until I get a job. Where will I get the money? Also, can I do it on my own, Do I need to Hire a lawyer.
Madam,
As an individual your liberty cannot be restrained by your husband and inlaws. As per maintenance you can file in appropriate court of law for the same defining the grounds for the same.As you have 10 figure salary , that certainly seems to a printing mistake. You can apply for jobs in delhi and surely might banglru and hyderabad suits you better,there are ample opportunity in delhi too.
Better to engage a lawyer and file application for maintenance as mentioned herein above
1) Kindly try to earn from home by doing small business or services as pet your educational background.
Your husband is liable to pay you money for daily expenses.
Either you can file case for maintenance or through mediation you can resolve this dispute.
The maintenance of wife and children is the responsibility of the husband as you are living in the matrimonial house with your inlaws your husband has to support you for this purpose you have to file a maintenance petition under section 125 CRPC to get some fixed maintenance amount from your husband how your day today needs in case court allows as you are not working now then you will get this amount and in case your husband denies to pay then you can go again to the court to execute the order
For such a case appoint a lawyer and claim maintenance under sec 125 Crpc for yourself & ur kid.
For claiming maintenance from him you should be living away from him and should not be living with him under his care.
You should not have left your job.
Now it may be considered that you have resigned your job only to claim maintenance from him hence your maintenance petition may be dismissed.
You think about all these aspects and take a wise decision.
There's no big issue that is torturing you.
It would be better you start earning once again so that you don't have to depend on him.
Legally your maintenance case may not be maintainable hence you may look for alternates.
Hello,
You can file a petition and claim maintenance from the husband under section 125 of the criminal procedure code and also you can claim the same for your child.
You will have to approach the court to claim your rights.
Regards
I would advise you to approach the court only when you are sure as to what will be the reaction of your husband and in laws after the same, the thing shall not get worse.
yes, I would advise you to engage an advocate for the same.
Regards
You can engage an Advocate and can file for the maintenance application seeking maintenance for you and your child you don't need to file divorce or live separately for this.
Hiring lawyer will good. Lesser audience given to parties. Custody of child rest with mother, don`t worry. And when matter is already reached to mediation and you should better file petition of maintenance for both, you and child.
you can file petition under 125 crpc as well as domestic violence for claiming maintenance.
