• Husband abandoned me and kids

We were married for 10 years. We have two school going kids.. But due to the interference of my in_laws, my husband left me and kids... And it's been 1 year now, he did not turn back till now. My husband and his parents have avoided financial commitments for my kids for past 1 year. As a single mother, it's very difficult for me to pay for school fees of kids... But I don't want to apply for divorce as it will affect kids future... But at the same time, my husband is planning to apply for divorce and continueing to separate from us and be free from financial burden of kids... Please suggest me how to proceed or whats the solution to get financial security for my kids future.
Asked 11 months ago in Family Law from MK nagar, Tamil Nadu
Religion: Hindu

you can file a petition for restitution of conjugal rights. If you don’t want to stay with him and want maintenance for yourself and your child you can file a petition for maintenance. 

Mohammed Mujeeb
Advocate, Hyderabad
13757 Answers
6 Consultations

4.5 on 5.0

A maintenance application seeking maintenace from husband for yourself and kids can be filed .

The court shall pass order of maintenance on same so.you will get maintenance for them and yourself.

Shubham Jhajharia
Advocate, Ahmedabad
22816 Answers
92 Consultations

5.0 on 5.0

You can file maintenance under section 125 CRPC and domestic voilence Act. You can also file maintenance application against him in family court if he files Divorce

Prashant Nayak
Advocate, Mumbai
16659 Answers
30 Consultations

4.6 on 5.0

file application under section 125 cr pc seek maintenance for your self and kids 

 

2) also file DV case seek alternative accommodation, maintenance , compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
71952 Answers
4324 Consultations

5.0 on 5.0

1. If he applies for divorce, and you do not want it, you may contest it fittingly. Unless he proves the grounds taken in the petition he cannot get a favourable decree.

2. You have the remedy to file a complaint case under Section 12 of DV Act to seek maintenance for yourself and kids. This apart, you may also seek alternate accommodation at his expense. 

Ashish Davessar
Advocate, Jaipur
27459 Answers
812 Consultations

5.0 on 5.0

1) You can apply for alimony and monthly maintenance for you and children.

 

2) Under section 125 of CrPC for maintenance.

 

3) If your husband apply for divorce you can deny for that and only accept for separation living.

Ganesh Kadam
Advocate, Pune
9020 Answers
74 Consultations

4.9 on 5.0

you have an option to file a case for seeking maintenance against your husband on behalf of you and kids.

you can also file a case for causing domestic violence against your husband and inlaws,

also file suit for Restitution of Conjugal Rights against your husband.

 

  

Suneel Moudgil
Advocate, Haryana
1456 Answers
2 Consultations

4.5 on 5.0

Even if you do not want to go for divorce you cannot start your husband for filing a petition to get the divorce how ever immediately you can go to the family court and apply under section 125 CrPC for the maintenance of children which is the responsibility of the father as you are running sufficiently for yourself and if you wish to go to your matrimonial house then you have to file another petition for restoration of conjugal rights before your husband's file a divorce petition so that you can contest the divorce petition and by the court order you can get the maintenance for both the children including their educational expenses this is very easy and in case a petition is not being heard in family court well in time and there is unnecessary delay then you can move to High Court to get the direction as quickly as possible

Vimlesh Prasad Mishra
Advocate, Lucknow
6174 Answers
19 Consultations

4.9 on 5.0

Dear Madam,

It is better to you file a maintenance case against your husband to get maintenance to you and your children.

It is not necessary to file a divorce to get maintenance. Sec. 125 of CrPC says that a husband is liable to maintain his wife. The wife just requires to file a petition for maintenance before the court with the help of a family law lawyer.

The law in India states that it is the duty of the husband to take care of the wife and maintain her. But, at times the husband refuses to maintain the wife.

In such a situation, the wife can take the matter to the court and ask for her maintenance from her husband. It is not necessary always that the matter on maintenance shall come up only when there is a matter of divorce. Matter can be filed only for maintenance.

It is not necessary to file a divorce to get maintenance. Sec. 125 of CrPC says that a husband is liable to maintain his wife. The wife just requires to file a petition for maintenance before the court with the help of a family law lawyer.

To reach a suitable divorce consultant for your case, just dial +91–[deleted], or send an email.

The wife is eligible to get maintenance, under the following condition:

  • Wife is unable to earn: If the wife is totally unable to earn herself to maintain her livelihood, due to certain physical disability or lack of education, the husband is supposed to pay her a certain amount at a regular interval monthly or quarterly, to enable her to live a dignified life.
  • Wife is well qualified: When the wife is not earning, but she is well educated and qualified enough to do a job, then the court shall instruct the wife to find a job to maintain her livelihood, and pass an order to pay maintenance of a certain amount to maintain herself during the period of her job search.

In case, a husband still does not pay, maintenance, the court may order the employer of the husband to deduct a part of his salary and send it to the account of the wife.

 

Netravathi Kalaskar
Advocate, Bengaluru
4587 Answers
22 Consultations

4.8 on 5.0

Dear Madam,

 

- A petition can be filled U/s 9, Restitution of Conjugal Rights as per Hindu Marriage Act.

- Simultaneously, may contest for interim maintenance to look after your child u/s 125 of CrPC.

- Until you agree on divorce, your husband can not win with Divorce

- You can ask for separate residence stay arrangement from your husband.

 

Regards

 

Vivek Arya

Vivek Arya
Advocate, Gurgaon
648 Answers
4 Consultations

5.0 on 5.0

It appears that you and your your kids have been abandoned and deserted by your husband without any just and sufficient cause.

File a petition under sec. 9 Hindu Marriage Act, seeking restitution of conjugal rights.

Seek maintenance. 

Vibhanshu Srivastava
Advocate, New Delhi
8752 Answers
152 Consultations

5.0 on 5.0

You can file a case under Domestic Violence Act and claim maintenance from your husband for yourself and for your children. You can also make Application for interim maintenance for immediate monetary relief of maintenance. You can also claim compensation for harassment and mental torture from your husband and in-laws.

You can also file a case under section 125 of crpc for maintenance from your husband.

Sayyed Parvez
Advocate, Navi Mumbai
19 Answers
3 Consultations

4.9 on 5.0

Depending upon the facts are circumstances germane to your case, both you and your kids could be entitled to maintenance

I would advise you to meet and consult a local lawyer. 

Vibhanshu Srivastava
Advocate, New Delhi
8752 Answers
152 Consultations

5.0 on 5.0

1) section 125 cr pc is application for maintenance 

 

2) RCR is restitution of conjugal rights application made under section 9 of HMA 

 

3) When a spouse is guilty of staying away without any reasonable or a just cause and if the suit of restitution of conjugal rights succeed than the couple would be required to stay together.

 

4) if there is substantial differences in your income you are entitled to maintenance from your husband 

 

5) if both are working both have to shoulder responsibility of maintenance of children in proportion to their income 

Ajay Sethi
Advocate, Mumbai
71952 Answers
4324 Consultations

5.0 on 5.0

Even if you are working and not able to meet ends then you claim maintenance under section 125 crpc on behalf of you and your kids in the magistrate court.

Further restitution is that court shall order your husband to stay with you.

Shubham Jhajharia
Advocate, Ahmedabad
22816 Answers
92 Consultations

5.0 on 5.0

you are working still you can claim maintenance

“amount of MAINTENANCE/ALIMONY depends on various factors such as Living Standard, Financial Status, Properties held, assets, responsibilities etc, "

if your husband is earning more than you and more financially sound (Bank Balance, Properties, other income, assets etc) than you, you can claim maintenance.

moreover, you kid surely can claim maintenance through you so immediately file a case for claiming maintenance.

section 125 CrPC is regarding maintenance.

Restitution of conjugal right means a reunion of parties i.e. both husband and wife through the court order.

 

Suneel Moudgil
Advocate, Haryana
1456 Answers
2 Consultations

4.5 on 5.0

As per 125 crpc wife and children's are eligible for maintenance. 

Mohammed Mujeeb
Advocate, Hyderabad
13757 Answers
6 Consultations

4.5 on 5.0

125 CRPC is application for maintenance. Restitution of congual rights is petition for getting your spouse back if she is not staying with you.  Yes you can seek maintenance through court

Prashant Nayak
Advocate, Mumbai
16659 Answers
30 Consultations

4.6 on 5.0

Section 125 of CrPC is for maintenance for wife and children if husband is staying away from them.

 

Restitution of Conjugal Rights means you , children and husband wants to live together again as happy married life.

Ganesh Kadam
Advocate, Pune
9020 Answers
74 Consultations

4.9 on 5.0

Dear Mam,

 

- U/s 125 of CrPc, you can seek maintenance for your children. As you have mentioned, you have started the job you will not be considered in calculation for maintenance.

- U/s 9 of Hindu Marriage Act, you can file petition for Restitution of Conjugal Rights you can seek to stay with your husband. Court will send both of you to mediation and conciliation. 

- Having said you can state in your petition for stay arrangement and children school fees.

- Generally Court shares soft corner towards restitution and if needed can take strict course of action towards husband to maintain the marriage.

 

Regards

 

Vivek Arya

Vivek Arya
Advocate, Gurgaon
648 Answers
4 Consultations

5.0 on 5.0

You can claim maintenance as per the section 125 of CRPC as it is the duty of the husband to maintain the wife and children. As far as restitution of conjugal rights is concerned, it is about co-habitation wherein one of the partners in marriage can approach the court if the other has deserted him or her. I don't think this makes much sense in your scenario. 

However, although you are going for job to support yourself and your children doesnot mean that your husband is free from his responsibility of maintaining you and especially the children as it is his responsibility also. You can approach a lawyer and he will definitely guide you in details as per your situation.

Sayyed Parvez
Advocate, Navi Mumbai
19 Answers
3 Consultations

4.9 on 5.0

  1. As per the information mentioned in the present query, makes it clear that your husband is avoiding you and his repeosibility towards the children also and thinking that after filing th e divorce case he will be free from all sort of responsibilities.
  2. RCR won’t help much as even if you get the order for your husband to return to you then also it won’t be having any binding in your husband to surely com back to you.
  3. But, yes even if you are working or not if you happen to file an application under section 125 of CR. P. C. then you would surely get maintenance for your children.

Sanjay Baniwal
Advocate, South Delhi
5032 Answers
11 Consultations

5.0 on 5.0

Hi,

You may file both the cases i.e. 125 CrPC maintenance as well as sec 9 HMA (RCR) and protect your marriage as well as liabilities also. 

Ganesh Singh
Advocate, Delhi
3447 Answers
9 Consultations

4.5 on 5.0

Since your husband has abandoned you and the kids you may file a maintenance case under section 125 cr.p.c. for you and your kids (provided you are not employed ).

You can also file a DV case against your husband and his parents seeking protection, residence, maintenance and compensation including school fees for your children and their medical expenses.

If he is filing  a divorce case you can challenge the same properly

T Kalaiselvan
Advocate, Vellore
61890 Answers
799 Consultations

5.0 on 5.0

You can file a maintenance case for your kids alone. Filing RCR case may not be very effective however that also can be tried. 

T Kalaiselvan
Advocate, Vellore
61890 Answers
799 Consultations

5.0 on 5.0

Dear Madam,

Those who are not able to maintain themselves can claim right to maintenance under Section 125 Cr P C by way of filing a simple application before the concerned Magistrate/Mahila Court.

It is the duty of the husband to take care of the wife and his children maintain his wife and children. But, at times the husband refuses to maintain the wife and children.

In such a situation, the wife can take the matter to the court and ask for her maintenance from her husband.

Section 9 of Hindu Marriage Act, 1955 (HMA) provides for restitution of conjugal rights (RCR). It states that if one of the spouses abandons the other without any reasonable cause, the aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights.

Netravathi Kalaskar
Advocate, Bengaluru
4587 Answers
22 Consultations

4.8 on 5.0

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