• Divorce - how to ask for alimony

Army officers wife & only child of my parents who are retired from the forces too. Arranged marrige 4years ago,was living with husband at his place of postings till march 2019,when suddenly out of the blue he asked me to pack up & go home till the parents talk.
He had been coming home & complaining about small things like how i cook, how i speak to people,,every 3months since the marrige & asking the parents to talk to his family. The parents didnt think much of it & would just keep me home during his while leave & send back on the last day when his leave would get over.
I decided to not leave the house & he huffed puffed his way to the commanding officer to whome he said 3 major things:
1. She is a drunkrd & keeps embarassing me.
2 has boyfriends 
3. Is dirty & i cannot sleep with her.
These 3 alligations came as a blow to my parents who are both 66yrs, plus they had never expected such stuff. 
I decided to not leave the house,he was sent on 60days of leave while my dad was called to stay with me. Once the leave was over the commanding officer & his jiaji who is a lawyer called my dad to say that i should be brought back home so as to give mental peace to the officer. 
Once things cool down,i can join him again. I went back with my parents in june 2019 & but he called his brother,his jiaji to the station & behaved even worse-spoke absolute junk & my folks got me back home.
Since june 2019 their is no news despite his family being from the same city as us.

The army does not support the lady if drinking/adultry are involved. That is the very stage he set,despite me having not indulged in any of these.

What we hear from people is that they want my parents to get tired & embarassed & make me sign a mutual divorce without any alimony. 

Their are pressures,but i dont want to leave without any settlement. He will get married again with a heavy dowry,he sends me 20k every month after i told his jiaji that he being a lawyer knows maintinence laws. 

1. What i need to know is- Do they need to be pre informed & asked to settle by paying up (which i am sure they wont),too confident about having a high court lawyer in their house.
Or
Should i straight away file for dowry haressment & let the courts get them to the negotiating table.

I am pretty sure they already have an anticipatory bail ready so how about filing a case in a different state.

Wht else can i do to ensure that such people learn a lesson & donot haress retired people with a girl child for money.
Asked 1 month ago in Family Law from New Delhi, Delhi
Religion: Hindu

You can file straight away file a complaint for dowry harassment under Section 498a of the Indian Penal Code at the police station in your area where you are currently residing, if you had ever been subjected to any dowry harassment by your husband or any of his family members. 

There is no need to ask them to pay any alimony at this stage. 

Siddharth Jain
Advocate, New Delhi
5326 Answers
59 Consultations

5.0 on 5.0

Hi

First ask them for a paid settlement.  Just once through some strong mediator.

If this doesn't work then go ahead for filing all the weapons you have ... like

1. Divorce case

2. 498 A FIR

3. Domestic violence complaints 

4. 125 crpc .. maintenance petition 

5. Formal written complaint to the army headquarters 

This all will create pressure over them despite of them having a lawyer in the house.

I am sure they don't have any anticipatory till now.

Also anticipatory is not easy from lower courts, yes high court can grant them.

Another general info.

Adultry is no more a crime 

Drinking is only illegal when you are getting drunk at a restricted place or state.

Thanks

Rahul Jatain
Advocate, Rohtak
1088 Answers
3 Consultations

4.9 on 5.0

1. See in case you were mental harassed you can put a case of mental cruelty also in case dowry was involved a case for same can be filed.  In case he is seeking for divorce and coming for settlement you can seek a reasonable settlement amount and can for mutual divorce as that would be peaceful and fast, 

See file at your home state only otherwise you have to also travel for same and also show cause of action there.

Shubham Jhajharia
Advocate, Ahmedabad
22882 Answers
93 Consultations

5.0 on 5.0

File poluce complaint against your husband under section 498A read with section 2,3 of dowry prohibition act 

 

2) only after FIR is filed can husband obtain AB 

 

3) you can file case of defamation against husband under section 500 of IPC if he has maligned reputation 

Ajay Sethi
Advocate, Mumbai
72059 Answers
4334 Consultations

5.0 on 5.0

- Firstly you should know that Divorce will be not a better result for your future. Hence, before taking Divorce decisions, you are having the following right and claims from your husband. 

1. As per law, A wife has the right to claim decent living standards and basic comforts of life from her husband. Hence for claiming the maintenance , you should file a petition under section 125 CrPc.

- Your husband is under legal obligation to provide the same at any cost, as per your standard of living .

2. Law entitles wives a basic right to reside in the matrimonial/ home, whether the house owned by her husband or his parents. 

- Hence, for claiming your residential right, medical expenses etc, and also for teaching a lesson to the family members of your husband, who subjected her torture & harassment , you should file a petition under the provisions of Domestic Violence Act.

3. As per the Supreme Court, A wife has complete ownership rights over all her Streedhan, the gifts and money given to her before and after marriage. The denial of Streedhan to the wife makes the husband and in-laws liable for criminal charges. 

- And further, if the husband or his family members subjected a woman to cruelty for the dowry demand, then they can be booked under Section 498-A.

- Hence , you can lodge a written complaint against your husband & his family members, in the Women cell/Mahila Police, after mentioning all the details of torture & harassment. 

- The women cell firstly will try to reconcile the matter , otherwise, they will lodge an FIR against all the person, who subjected you cruelty. 

- Since, they are trying to defame you in the name of drink etc, hence for teaching a lesson to them , you can file  a defamation case against them for destroying your image.

- If you will take legal action against them as above , then they cannot get easily AB from the Court , even they are having a relative lawyer.

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
1617 Answers
26 Consultations

5.0 on 5.0

1. Yes you should file case against him for dowry harassment you should also file domestic violence case against your husband.

2. You should specifically mention about mental cruelty by blaming you for adultery and drinking. 

3. No they cannot get anticipatory bail until you file any complaints against them. 

Mohit Kapoor
Advocate, Rohtak
6572 Answers
2 Consultations

5.0 on 5.0

You can seek the alimony amount you need and try to settle the same outside court. If not agreed then no option other than approaching court

Prashant Nayak
Advocate, Mumbai
16701 Answers
30 Consultations

4.6 on 5.0

1.You have the liberty to avail your remedies under the legal framework without informing them. Under DV Act you can seek maintenance, compensation for domestic violence and alternate accommodation at your husband's expense.

2. FIR under Section 498A can also be filed if you have been subjected to mental or physical cruelty. 498A is not just about dowry harassment.

 

Ashish Davessar
Advocate, Jaipur
27476 Answers
812 Consultations

5.0 on 5.0

Dear Madam,

There are several enactments in favor of married women.  You must show heat of the litigation to your husband  otherwise you cannot sustain in such unbearable atmosphere.  You can file Domestic Violence case.

file Domestic Violence case seeking following reliefs:

 

PRAYER

                HENCE THE APPLICANT HUMBLY PRAYS

  1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
  2. Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
  3. Pass orders u/s 18, in totality against Respondent1 to 3,
  4. Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
  5. Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
  6. Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition.
  7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
  8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

 

Netravathi Kalaskar
Advocate, Bengaluru
4591 Answers
22 Consultations

4.8 on 5.0

Definitely the wife can sue against her husband before the Family court and the Judicial First Class Magistrate Court in her location. The wife can file 498a dv and maintenance and alimony against her husband before the family court as well as the JFCM Court provided she is not an earning person. 

Mohammed Mujeeb
Advocate, Hyderabad
13837 Answers
6 Consultations

4.5 on 5.0

You can file DV case seeking;

protection, residence, maintenance, compensation for his tortures, return of your articles including dowry amount given to him at the time of marriage.

 

You can lodge a criminal complaint under section 498a IPC and section 3 and 4 of DP act against him and his family members.

You can file a defamation case under both criminal and civil laws seeking punitive action and also for compensation for defaming and ruining your name with false allegations namely drinking and adultery.

You can file a maintenance case under section 125 cr.p.c. also.

You can file a RCR case since he is not taking you with him .

 

 

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

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