1.if the in-laws are abusive and quite difficult to manage and any other such circumstances, it is advisable to stay away.
2.you can file 125crpc maintenance case.
3.you can file case in the family court or judicial magistrate were you reside.
Marriage and alimony
I have been married since January 2016. My husband is a teacher in primary school. My in-laws house is just 1 km away from my father's house. We had had a love cum arrange marriage. Since marriage nothing is going right for me as my mother in law does not like, and she scolds me or quarrel with me in trifle matters. Even I was not given enough food to eat. I remained hungry many occasions hence my father used to give me money for everything. My husband has never taken any financial responsibility of mine. His mother always forces him not to give me or buy me anything. She is a horrible lady. Always speaks ill words for my mother and father. And even insults me in front of their relatives for being from a low caste family than theirs. I used to stay at my father's house most of the time as my life became miserable there. My husband never inquired about my family members wellbeing. Since last April my mother is suffering from leukemia and hospitalized for many months, I came to my parent's home at that time but neither my husband nor my in laws contacted me since. My father is taking every financial responsibility of mine even after marriage. I work recently in a public school as a contractual teacher out side of town. 1) I don't want to stay with his mother in the same house so I suggested to take a house on rent in a certain place from where both of us can go to our job. But he persisted that I must give him divorce if I am not willing to stay with his family (father mother and an elder brother) 2) I don't want to give him divorce either. Instead I want to know whether is there any law that makes him pay me alimony or bear my expenses? As he never gave me a single rupee. 3) should I need to file a case regarding this in the subdivisional Court first or can I file the case directly in the High Court in Kolkata? P. S: We don't have any baby yet Plz guide me what are my rights?
Asked 4 years ago in Family Law
Religion: Hindu
37 Answers
Dear Madam,
Just a cursory look on net you will get much information about your rights. First thing is to file a maintenance case as follows and get monthly maintenance from him and Domestic violence case against your parents in law. You need discussion if you wish particular solution to resolve your issue.
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Know your rights
In India, there is not one single secular law that governs marriages. There are separate community laws for marriages and a divorce is governed by the particular law under which the marriage had been registered. However, in the case of marriages registered under Special Marriages Act, all the personal laws are superseded.
Under the Hindu Marriage Act, a woman can look forward of three kind of payments from her husband after divorce - a lump sum payment called alimony, a monthly amount called maintenance and in some cases both alimony and maintenance. The law also provides for a reverse settlement, where a non-earning husband receives the payment from his earning wife. The law asks a husband to take care of the woman's reasonable needs after the divorce, but there is no clear decree that defines the reasonable needs.
The court usually decides the settlement amount on the basis of income, property and individual financial needs of both the husband and wife. However, the onus lies on the one seeking the settlement money, which is the wife in most cases, to prove the worth of the other partner and his/her capacity to pay the amount demanded.
A person is entitled to basic amenities of life like food, clothing, shelter and other necessary requirements to live a dignified life. Under the principles of social justice, it is the natural duty of a man to provide these amenities to his wife, parents and children in form of maintenance. The maintenance law in India lays down the duty of a man to provide maintenance to his parents, wife and children when they are unable to maintain themselves. Maintenance in law is defined as the amount which is paid to dependent wife, child or parents to maintain themselves. The amount can be paid either by doing one lump sum payment or by way of monthly installments.
Maintenance under Section 125 of the Code of Criminal Procedure, 1973
Under Section 125 of the Code of Criminal Procedure, 1973, right of maintenance extends not only to the wife and dependent children but also to indigent parents and divorced wives. The maintenance claim depends upon the husband’s capability to provide sufficient means. One question that is generally asked is what is the maximum maintenance under Section 125? Previously, the maintenance claim was limited to Rs. 500 per month but now the magistrate has the power to award a reasonable amount of maintenance as they deem fit.
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How do I know my husband is subjecting me to domestic abuse/violence?
If your husband is physically beating you, or denying you access to food or money, or is forcing you to engage in sexual activities that you do not want to perform (including sex and something like forcing you to watch pornography) or mentally and emotionally harasses you about not being able to have a male child or any such other behaviour, it is domestic violence. Please look at the definitions section here for further understanding. Further, please look at this Form IV.
When can a complaint be filed for domestic violence?
One need not wait until an act of domestic violence has been committed to contact the Protection Officer. If there is a suspicion that an act of domestic violence might be committed, anyone can inform the Protection Officer.
Where and how can I find a Protection Officer for domestic violence?
A Protection Officer is assigned in each district. To find out the contact details of a Protection Officer please contact the State Women and Child Development Department. Each state should have a list on its website. For instance, in Delhi, the list of Protection Officers can be found here. You can find a list of names of all Protection Officers State wise from this website.
I have a problem with the Protection Officer. What can I do?
You can file a complaint with the Magistrate in case you have a problem with your Protection Officer.
Will an FIR be filed?
No, for the purpose of this Act, a Domestic Incident Report (DIR) will be prepared in a prescribed from when the complaint is received from the aggrieved person. This is then filed before the magistrate. The Domestic Incident Report can be prepared by the Protection Officer, Service Providers or Police Officers.
What if the police officer refuses to lodge my complaint?
In such a situation, you can directly approach Magistrate’s court with a ‘private complaint’ wherein you can request the court to get your FIR registered by the police. You can even file a complaint yourself and attach it along with your application.
Do I have to pay a fee to the Protection Officer or Service Provider?
No, you do not have to pay anything to any of them. It is the duty of the Protection Officer and the Service Provider to help you under the protection of Domestic Violence Act.
I was assigned to a shelter home, but my husband and his family still harass me there. What can I do?
A shelter home is supposed to be a safe space for you. Ideally as per the law, if you wish to maintain your anonymity while being at the shelter home the shelter home should allow you to do so.
Are minors protected from domestic violence?
Yes, minors are protected under this Act. A minor is any person below the age of eighteen years and includes any adopted, step or foster child.
What is “relationship in the nature of marriage”?
“Relationship in the nature of marriage” should be those relationships where there is no official registered marriage between the parties. However, the nature of their relationship is that of a marriage because of the stability, continuity and cohabitation as a couple. Indicators of such a relationship in the nature of marriage are the following: - Proof of such a relationship would be the use of a common name, common ration card, same address, etc.
The Counsellor who was appointed to counsel me and my husband knows my husband. Is this fine?
A counsellor should not be related to either you or your husband. However, if you still believe the counsellor knowing you and your husband would be impartial in her job or would be able to do her job well impartially because she knows you’ll then you and your husband can write a waiver of objection allowing her to be the counsellor in your case.
The Counsellor appointed is a man. I am not comfortable. Can I do something about this?
A counsellor is appointed from the list of available counsellors made by the Protection Officer. In the circumstance, that you are not comfortable with the counsellor who is appointed to counsel you and the offender you can apply to the Magistrate for a change in the counsellor.
What if my husband continues to abuse me while counselling is in progress?
You can report the incidence of domestic abuse to the counsellor. The purpose of the counselling process is to get an assurance that the incidence of domestic violence will not get repeated. The counsellor will take adequate measures including approaching the magistrate to prevent further violence.
1. A husband is liable to maintain his wife even after divorce provided his wife has no independent source of income.
2. The case for maintenance is to be first filed in local trial court and only in Revision for modification of the said order the case reaches high court.
3. Though you are gainfully employed if there is great disparity in your respective incomes then you are nevertheless entitled to maintenance.
Wife forcing husband to stay separate from his parents amounts to mental cruelty and is ground for divorce
2) you are entitled to maintenance from your husband
3) you can make application under section 125 cr pc and seek maintenance from your husband
4) you can also file DV case against husband Dand in laws seek protection order , alternative accommodation and maintenance from husband
5) I presume there is substantial differences in your incomes
Hello,
- You have the right to be maintained by your husband. You can file for maintenance in a Magistrate Court under action 125 of CrPC or file a DV case alleging domestic violence in a Magistrate court and seek maintenance as well as residence rights.
- You have to make up your mind whether you want to continue on a marriage where your husband is not supportive and understanding and have to endure tortures from her and him. If you choose to stay in the marriage , you must go back to your husband’s house and put up a fight and initiate the cases while staying there if that is doable.
- Alternately you must remain in your parental home and initiate cases against your husband and mother in law.
Wife cannot force husband to live separate from parents but right has right to ask for separate accommodation if in laws I'll treat daughter in law. This is possible through order of court by filing DV case.
From the marriage, you are victim of mental, physical and financial cruelty. By filing case under Protection of women from domestic violence case, you can claim separate accommodation, alimony, monthly mianaintnace, compensation etc.
Case will file in lower court not high court.
Divorce is not easily granted and can dismiss if applied for divorce.
Also file police complaint of DV and dowry demand.
if you want to terminate the matrimonial knot, then, try to settle the matter amicably with your husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you are advised to file/claim
498a complaint (for causing mental, emotional, physical and monetary abuse, etc)
Domestic Violence case (for causing mental, emotional, physical and monetary abuse, etc)
you have rights to claim residence, protection, compensation, maintenance/alimony,
if you do not want to opt the divorce presently, you can ask for judicial separation also,
the case will; be filed at the district level, not in the High Court
Hello,
I would like to suggest you to file a case for maintenance under section 125 crpc as well as under the provisions of domestic violence act. Moreover you can file a case under section 498a IPC for the Iltreatment.
REGARDS
1. U should file a case of maintenance under sec 125 crpc in lower court where u reside. For this u need not go to d high court.
2. If ur husband's family is troublesome first of all go to a Mahila thana of your locality and complain about them. They will make arrangements for setting them right snd may also appoint a counsellor.
3. If they don't listen or ill treat u then file a case of domestic violence.
-Your written statements are showing that you are subjected to cruelty from the husband and his family members
- Hence, you should know , that you are having following right to get :-
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 can file a petition under section 125 CrPc.
- Your husband is under legal obligation to provide the same to you at any cost, even he is working or not.
2.Law entitles wives a basic right to reside in the matrimonial/ home, whether the house owned by her husband or his parents, a rented property or officially provided to him.
- Hence, for claiming your residential right, medical expenses etc, and also for teaching a lesson to the family members of your husband, who subjected you torture & harassment, you can 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.
- 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 dispute , otherwise, they will lodge an FIR against all the person, who subjected you cruelty.
1.You can settle the dispute during the trial with your husband with the help of court .
2. You husband is bound to give you maintenance /alimony , even you are working. as i mentioned above.
3. You cannot file a case before High court directly . you should file the above mentioned case in the same place , where you are presently residing .
Good luck and dont forget to rating Positively.
1. Legally You cannot force your husband to leave his parents and rent a separate house to live with you.
2. You also don't want to divorce him and want him to give you maintenance so you should file Maintenance case under section 125 CrPC for claiming monthly maintenance from your husband.
3. You can also file DV case against your husband and in-laws for harassing you while you were living with them and in this case you can also claim maintenance and compensation.
4. You should file maintenance case in family court of Murshidabad and DV case will be filed before Magistrate.
Yes you can file domestic violence case and seek maintenance. You can also file 125 crpc application and seek maintenance from him. You don't need to file divorce for maintenance
1. You do not have to give him divorce for this.
If he is not agreeing for living separately out of his house, you can very well stay outside his house and file a RCR petition on the grounds of cruelty of his mother.
If he is filing a divorce case then you can challenge the same on merits to get it dismissed.
2. If you do not have any income to sustain your expenses then you can very well ask for monthly maintenance amount under section 125 cr.p.c. and also by filing a DV case.
3.You cannot approach high court directly for this, you may have to file the case before sub ordinate court.
1. See you may ask for maintenance from him you are not able to maintain yourself You can file an application of maintenance under 125 crpc.
2. See you can file an application before local magistrate court or family court.
For quick and speedy relief you can file maintenance case under sec 125 of CrPC before magistrate.
Apart from this you can file DV Case for financial relief in family court.
You can also file maintenance case under Hindu marriage act in family court.
Madam,
In this world, there are the people who don't respect the feelings of others and hate the people who has fallen in love. These kinds of people are over possessive and often forget that their loved one can be cared and loved more than what they do. You mother in law is that kind of lady and it is also possible that due to her over possessive and dominant behaviour, he may not be having courage to come out strongly and supporting you emotionally. Though he may be having soft feelings for you as he might have gone against the parents will and wish and married you because of his love and affection for you, but today he lacks courage to help and support you emotionally. At this stage, you are suggested to take care of your mother to all possible extent and talk to your husband privately (I mean only with him), regarding all the issues that happened with you and ask his support and opinion. Also try to have proof of such talk/conversation (in audio/video/written form). If you find that he has some compulsion in not supporting you, you may give a re-think of your decision to getting separated, else you are suggested to keep this proof intact and file the case for separation/divorce under the grounds of cruelty and ask maintenance etc. also. You may also file the case of domestic violence against the mother in law as well. You will be filing case in family court or district and not in high court. Sometimes, there are branched of district court at sub division level and you may file the case at that sub division level. You have rights of maintenance, residence and in brief a respectful life.
You should file a maintenance application against him and a domestic violence case against him and his family members.
Filing maintenance can be problematic as they would retaliate. But it is better to file it than wait for him to change.
1) If wife forces husband to stay way from parents, it amounts to mental cruelty. He is entitled to file for Divorce.
2) If you don't want to give divorce, you can file an application for maintenance under Sec.125 of Cr.P.C. Since you are also working, your income and that of your husband's will be considered before deciding the quantum of maintenance.
3) You can also file applications under Domestic Violence Act for protection orders, residence orders, monetary orders & compensation orders.
Further (If you are interested, you can also filed 498-A case against your husband and his family members, it only complicates the things) it is one of the options available to you. Practically / Realistically speaking, it is not advisable.
1. This question needs social advice rather than a legal one. It all depends on you and you. Ypu want to live with him or get divorced. Go for some counseling
2. file 125crpc for maintenance.
3. File in district court first.
You will be maintained and treated as good wife. These are your rites. But in exchange you need to give him and his family live n affection.
Respected mam...
- There is no law which can take your favour to stay apart from his family specially parents .it will go against you if he have any evidence against you.
- Yes he have to give maintenance to u as it is ur right ... you just have to prove I am unable to maintain my self that's it.
- You have to file it case in session division that might be in ur district ...
Mam you have all the rights only you need to make it mind clear about legal action...
Thank you
In case both families decide for a mutual divorce then how is it going to be decided that what amount I will get as alimony? Can I get whatever amount I want or how? My husband has no savings, no personal property of any type. He has only a government job.
Asked 4 years ago
Amount payable as alimony is decided by parties by consent
Madam,
In case of mutual divorce, the terms of settlements are decided by the parties themselves and you may claim an amount of alimony for your comfortable life. Thus, you should be careful and tactful in demand, negotiations and bargain on this issues. You are suggested to demand that amount only which can be afforded by him and in case he is not having savings, ask the money on monthly basis for food, rent, and other necessities.
Alimony is one time settlement given by Husband to Wife upon coming to conclusion and compromising the claims and counter claims by both the parties.
You need to take into consideration your future necessities, expenses etc., while deciding the quantum of permanent alimony.
Go for one time settlement taking a lump-sum amount avoid proposal of payment in instalments by him.
Yes If you take mutual divorce it will be easy for both. The alimony can be decided mutually. If he has no savings still he need to pay alimony. He may pay it lumpsum or in monthly instalment through salary
In an agreement for mutual consent divorce all such things namely one time settlement amount, exchanges of each other's articles and future issues shall be decided and if necessary, a MOU can be drawn and signed by both parties.
In that MOU all the details shall be written.
You can ask your parents to take steps for taking mutually agreed conditions in all respects.
When a couple gets divorced by mutual consent, the decision on whether any alimony/maintenance is to be paid by either party is a matter of agreement or MOU.
In case the thing goes to mutual consent then its upon both the families that how much amount you both agree upon.
No You cannot get the amount of your choice.
Most probably the amount you spent on marriage function and gifts can be received back.
Thanks
The terms like alimony in mutual divorce is decided on mutual consent of the parties. Unless both parties through negotiation and persuasion agree on the terms amicably mutual divorce can not happen.
1. See in mutual divorce you have to mutually decide the alimony, you can demand the amount from your husband.
Alimony will decide by mutual discussion. As per law wife is entitle to 25% of husband income.
You will get amount as per your wish by creating pressure on husband.
It will be decided by mutual settlement between husband and wife or their families.
You can take lumppsum or after the mutual divorce you can also claim monthly maintenance.
Regards
Dear Madam,
As the name suggest Mutual consent divorce first requirement is that there must be a mutual consent between the couples. That means all issues between them like custody of children, maintenance, alimony have been resolved between them and only they intend is to get a divorce only. There is also a separation period between the couple of not less than one year. the divorce by mutual consent
The husband and wife sit together either with the help of close relatives, lawyers or in mediation. They first decide custody and visitation rights of children and their custody normally custody of children goes and decided mutually in favor of wife and husband do get visitation rights if this is decided then they proceed ahead with issues related to maintenance and alimony to wife. Normally husband agree on lump sum and one time payment of fixed amount in favor of wife and wife on the other hand will not demand any maintenance or alimony in future. only when all the above issues are resolved the mutual consent divorce is possible.
- Since , he is in government job , then you can claim amount as per your need and status.
- At the time of mutual divorce petition , you should discuss regarding the alimony.
1. Under DV ACt, 2005 and 125 Cr.P.C. wife can sue her husband for maintenance if she is not self sufficient. Even an earning wife can sue for maintenance if her income is not sufficient for her to live a fruitful life.
2. The complaint case under DV Act can be filed by wife in the court within whose jurisdiction she resides.
3. It cannot directly be filed in the HC.
4. In mutual divorce the spouses on their own mutually decide the amount of permanent alimony or monthly maintenance.
A reasonable amount can be demanded based upon his earnings savings and your expenses during marriage etc.
The alimony will be decided by the court seeing his income and dependants.
But u have a right to ask for a suitable amount.