• How can I get some part of salary from my drunk husband

My husband is a forest guard. We have three children and staying together since 24 yr. He told me that he has some public loan. And he spend all his salary to to that public. I think he is in trap. Some public take all his money in every month for that loan. Once I withdraw the salary from the ATM, and got threatened by those persons. I have the ATM card but can't withdraw money because withing a few second of getting salary the a/c left no money. I heard that he allready put some backdated check. And those persons withdraw all the money somehow ? 
Please help me. My daughter (18yr) almost have a age of marriage. Atleast tell me how I got some percentage of money every month.
Asked 1 year ago in Family Law from Purulia, West Bengal
Religion: Hindu
1) file complaint against your husband under domestic violence act 

2) seek maintenance for yourself and the children 

3) if your husband is being threatened by some persons he should file police complaint of criminal intimidation under section 506 of IPC against said persons 
Ajay Sethi
Advocate, Mumbai
27344 Answers
1486 Consultations
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Without knowing the actual reason of deduction of the money from his a/c it is very difficult to advise.
If your husband is not giving the maintenance you can file maintenance case against him and you will be entitled to 1/3 to 1/5th of his income.
Devajyoti Barman
Advocate, Kolkata
6913 Answers
78 Consultations
4.9 on 5.0
You cannot do anything about it if your husband is not cooperating with you.  It is he who has to initiate police complaint against those money lenders who grab all the money on the day of his salary itself. You can support his claim saying that due to this you and your child are starving. 
If your husband is frightened about those anti social elements, you may lodge a complaint on his behalf but he has to cooperate with you. 
You may consult a local advocate and get his ideas on all such further issues. 
T Kalaiselvan
Advocate, Vellore
17480 Answers
165 Consultations
5.0 on 5.0
More than getting a money, the wife has duty to help her husband when he is in trap. Talk to your husband openly and know the real cause of flow of salary. If he is not cooperative file a maintenance petition under DV Act. If really face threatens from those money lenders who grab all his money,  lodged a complaint against them before Police station.   
Ajay N S
Advocate, Ernakulam
2032 Answers
24 Consultations
5.0 on 5.0
1. In such cases, his Office is expected to help you,

2. Submit your application to the reporting authority of your husband or his departmental head detailing your soory state of affairs,

3. If he is satisfied, you will be called on he pay day and paid part of the salary,

4. If anybody threatens you, lodge a police complaint immediately under copy to the local S.P.
Krishna Kishore Ganguly
Advocate, Kolkata
13586 Answers
291 Consultations
5.0 on 5.0
1. Your husband has to clear his liabilities (if any) to wriggle out of the trap he has apparently walked in.

2. You can sue your husband by filing a case for maintenance to get the required amount of financial support for yourself and your daughter. You may get 1/3rd of his salary on a monthly basis. If, however, you are employed then your claim to maintenance is unsustainable.

Ashish Davessar
Advocate, Jaipur
19611 Answers
507 Consultations
5.0 on 5.0
Hi, you have to file a petition under section 125 of the Criminal Procedure Code for maintenance to you and your children as your husband has failed and neglected to maintain and as per the court direction of the court the  salary has to credited to your account only.
Pradeep Bharathipura
Advocate, Bangalore
4200 Answers
149 Consultations
4.3 on 5.0
file a maintenance case against him before the family court of your are and you and your daughter can get maintenance from him and the court have power to issue direction to bank or his office to stop his salary to credit in his account or the maintenance amount can be deducted from his salary and deposit in your account.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3814 Answers
151 Consultations
4.9 on 5.0
Hi sir/madam, you have to give one representation to the said forest department authority as well as said Bank with held the said clearance. You will do one more thing, if it is possible you have to change the account in the said bank from to another bank... At that time only you have to get your money. it is the only way to get the amount of every month otherwise you will come in to trouble.
C. V. Jadhav
Advocate, Bangalore
267 Answers
4 Consultations
3.8 on 5.0

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