• Need advice on Marriage Issue

Hello,

I am married under Hindu law act in 2014. I and my husband are having issues since the beginning. I mean he points out small things as my mistakes and he creates tension between inlaws and me. It's a long story.

In November 2020, my husband (software engineer) came to the UK on the onsite project. I applied sabbatical from my employer to accompany him and came here in February 2020. He is not financing me here properly which means he doesn't allow me to switch on the heaters, use the cooking stove, etc and there are many more incidences. Though we always rented a house in India whose rent was being paid by my employer. I was sharing expenditure with no excuses at all. Even sending money to his sister at his mothers request during festival time. Yes, but I reluctant to give my salary directly to him because he never showed trust in me and always hid his finances with me. So I am feeling worse because there and here both places only I am a loser.

Yesterday, he fought with me intentionally and I told him I want to go back to India and he immediately told me “yes, you leave the house. this is my house. Not your house.” Because he knows now my saving funds are getting over. This is also because I needed to buy some stuff for me because he was reluctant to buy it. And also, sometimes I need to buy outside food because I was not well and didn't want to cook. Now, he is saying that he is ready to book the flight tickets and send me back. But I am with no income till January 2022 and he knows that. I don't know it's kind of revenge he is taking on me or he wants to get rid of me because he doesn't want to bear my expenses in the UK.

I wanted to divorce this person since 2015 but every time my family or his family is coming in between. And few times he trapped my mother in emotional drama. 

Now I am in this situation, I don't know what to do?
Asked 3 years ago in Family Law
Religion: Hindu

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8 Answers

It is your decision to continue or terminate marriage. But for your knowledge I am forwarding the law that can be used by you in need arose. You have many options. Law is in favor of women. He is doing this because you are tolerating it once you enforce your rights he will realize his mistakes and mend his ways. Following  remedies are available to you…

  1. Under Domestic Violence Act, 2005—
  2. You, any relative or friend on your behalf or an Advocate engaged by you can submit an application to the Magistrate or police. A notice  will be served on husband and he will be asked to attend the court on a particular date. If he fails to attend court, he will be arrested by police and brought to court. You can obtain any or all of the following  orders…
  3. Protection order prohibiting husband from—
  4. committing any act of domestic violence;
  5. entering the place of your employment;

  • attempting to communicating with you;

  1. selling any assets, operating bank accounts or bank lockers held jointly by both or singly by husband including streedhan.
  2. Residence order. Police will force your husband to give shelter in the shared house and restrain him from dispossessing you.
  3. Monetary reliefs:
  4. To meet the expensed incurred and losses suffered as a result of domestic violence;
  5. Loss of earnings;

  • Medical expenses;

  1. Maintenance for wife and children;
  2. Lump sum payment.
  3. Compensation: compensation and damages for injuries, including mental torture and emotional distress.

  4. Code of Criminal Procedure, 1973, Section 125: you can obtain monthly maintenance for yourself and child.

  5. Indian Penal Code, 1860: You can file criminal case under Section 498A if there is cruelty or demands of dowry for which punishment is imprisonment upto three years.
  6. If they are not giving your belongings, you can file case against them under Section 406 of Indian Penal Code, 1860 for criminal breach of trust for which punishment is 3 years.
  7. Hindu Minority and Guardianship Act, 1956: father is natural guarding of boy or girl. Till the age of five years, custody will be with mother with visiting rights to father and after 5 years it will be with father with visiting rights to mother.

Employed or not, he is bound to pay for maintenance of his son. It is not easy for him to get divorce, unless you agree.  If he files divorce he has to pay of alimony compensation running into lacks. His son has right to share in his property.

It is strongly advised that you should…

  1. secure your ornaments by obtaining order, not to operate bank locker and bank accounts under Domestic Violence Act, 2005.
  2. Restrain him from house transferring as the same belongs to you son.

 

 

 

You can seek divorce from husband. Section 13 of Hindu Marriage Act, 1955  provides for divorce by wife on following  grounds like..

  1. Having sex outside marriage,
  2. Desertion (neglecting wife) for two years,
  3. Cruelty, it can be physical or mental direct or indirect. You can file divorce on this ground.

Contact local lawyer and engage him it take 1 – 2 years for divorce case.                    

Document required…                                                                                                                         

  1. Aadhar card
  2. Proof residence.
  3. Proof age of both.
  4. Passport photographs of both.
  5. Proof of marriage, invitation card.
  6. Marriage photograph with both.
  7.  
  8. Divorce petition.

No second marriage till you get divorce.

 

 

Ravi Shinde
Advocate, Hyderabad
4049 Answers
42 Consultations

5.0 on 5.0

Dear ma'am,

 

It is your legal right to take divorce when you are facing mental trauma and lack of peace in a relationship. The actions of your husband are clearly such that your autonomy is being disturbed. you can file for dissolution of marriage before court on grounds of irretrievable breakdown of marriage. For this you'll have to be able to prove that the relationship between the two of you is strained to such extent that you can no longer live together. 

Also you can easily file for divorce under the grounds of cruelty. The kind of cruelty here is that of mental cruelty.  He has been mentally harassing you by demanding money and not fulfilling his own financial obligations. You can prove this and take a decree of divorce along with maintenance. Thank you.

 

Anik Miu
Advocate, Bangalore
8948 Answers
110 Consultations

4.7 on 5.0

File for divorce in UK on grounds of cruelty seek spousal support 

 

in alternative file for divorce in India on grounds of mental cruelty 

 

seek interim maintenance and alimony from husband 

Ajay Sethi
Advocate, Mumbai
94821 Answers
7557 Consultations

5.0 on 5.0

This situation is bit difficult and you need to take a very calculated decision in this case as you are willing to come back to India immediately from UK where is staying this is not going to solve your problem as you are on sabbatical leave till 2022 and eventually you are not going to get any salary period you are on leave responsibility of your husband to maintain your self and you have all the right to claim that.

At this point of time it is not advisable to leave United Kingdom because this will provide leave it to your husband that you have left him so you have to approach local  police before you take any decision however increase your coming back to India you can approach to the local police station along with women power line and compound regarding the husband but in case you have any soft corner for him this action mein create issues for him because of the criminal case registered and at the same time you can a maintenance petition under section 125 CRPC with other cases for harassment and domestic violence under section 495 of Indian penal code

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

- Your written submissions are showing that you are subjected to cruelty from your husband 

- Hence, you should know, that legally you are having following right  :-

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, 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. .

- Otherwise, if you are not interested to live with him , then can take mutual divorce in India or U.K . 

Mohammed Shahzad
Advocate, Delhi
13273 Answers
198 Consultations

5.0 on 5.0

If you feel that it is no more possible to continue this married life with him anymore, you may decide about filing a contested divorce case on the grounds of cruelty citing all these grievances as an act of cruelty. 

This time you can be firm in your decision. 

T Kalaiselvan
Advocate, Vellore
85022 Answers
2208 Consultations

5.0 on 5.0

1. It appears that you have not gelled well with your husband in marriage.

 

2. You shall have to decide as to what do you now. Do you want to continue with your husband or  want to terminate your matrimonial relationship with him.

 

3. If you decide to terminate the relationship, lodge a police complaint against him before the police station at  UK for acting cruelly on you and return to India and further file a police complaint u/s498A of IPC and file a  DV case in India.

 

4. Thereafter you can file a petition claiming maintenance  from him.

 

5. Finally you can file a divorce suit in India against him on the ground of cruelty.

Krishna Kishore Ganguly
Advocate, Kolkata
27220 Answers
726 Consultations

5.0 on 5.0

You don't go for divorce, instead file maintenance case against him in India under CrPC section 125 with the help of anyone family members of yours.

Ans stay with him there till case get's stand in the court.

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

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