Action family members of a woman take if husband is not earning
My sister in law's(husband's sister) husband refuses to take up a job and earn consistently. He is in deep debts almost amounting to 4-5 lakhs and is troubling my sister in law and us that we have to give money. More than once we have already helped out and bailed him , even when he had done something illegal and some money was needed to bail him out from a legal action by the employer. Almost always we had been providing for them by way of groceries , money and so on. He has even sold all the jewellery given by us to my sister-in-law and their daughter.
They have two children in college and high school and he wants us to pay for their education as well.
We now no longer want to continue helping as it is becoming his way of life to live off us and it is not possible for us financially as well.
He is now constantly troubling my sister in law , although not by physically hitting, but by drinking, shouting and abusing. He has not even paid for her medical expenses and she is suffering with health issues now. The children are not going to school. House rent is unpaid. He doesn't take up any small job also. We have forced my sister-in-law to start working, but she earns very little. And he constantly causes trouble by forcing her to stay in various people's houses. He also calls us and verbally abuses us with foul language.
Please advise what legal action can be taken in this case.
The lady is not yet ready to separate or divorce, maybe fearing societal consequences.
Can the lady's parents and brothers take any action for this treatment to her , as well as harassing us for money and verbal abuse to us?
Thanks & regards
Asked in Family Law from Bangalore, Karnataka
1. Your sister need not go for divorce to claim for money to bear household expenses.
2. Ask her claim maintenance u/s 125 crpc case or u/s 12 of PWDV Act case. Here the court would direct the husband to provide necessary maintenance to wife and children.
3. may be on prodding of court good sense prevails upon him and he starts earning money.
4. Do bear in mind that his unemployed status is excuse to avoid maintenance if matter reaches to court.
1) it is best your sister separates from her husband who refuses to work and support his family .
2) she should file for divorce and seek maintenance for herself and the children .
3) even if he is unemployed he cannot shirk his responsibility to maintain his family .
Without taking recourse to divorce, your sister-in-law can claim maintenance for her and her children U/s.125 Cr.Pc. However it is better that she files for divorce, instead of staying with him and suffering every day. Even though he is not employed, its his duty to maintain his family.
Continuing any longer with a person like him would be of no use. it is better that your sister-in-law should make up her mind to take legal course to get rid of her problem moreso in the interest of the children.