• Husband does not care about our marriage

Due to lots of things happen in past and our marriage is spoiled but after that I am trying my last attempt but husband don't understand this fact he is not coming home from last 8days and his family is supporting him in his wrong decision no one cares what is going in me I am staying with his mother and brother like a prisoner lock within 4 walls even not getting proper meal husband not even care how I m staying and what are my requirements he even not filled for divorce which was plan earlier according to him .I am very confused what should I do should I leave it here and accept the fact that nothing will work now and I need to move forward.
Pls reply .
Asked 2 years ago in Family Law from Kolkata, West Bengal
Religion: Hindu
1) when did you marry ? 

2) why did you leave your husband household ? 

3) if you want to stay with your husband file petition under section 9 of HMA for restitution of conjugal rights 

4) in the alternative file complaint under DV Act and seek right to stay in matrimonial home or alternative accommodation
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
1) if your husband  does not want to stay with you file for divorce by mutual consent . 

2) if he refuses to give divorce by mutual consent then you can file for divorce on grounds of mental cruelty . 

3) claim maintenance , alimony and other reliefs 

4) if you dont want divorce file complaint under Dv act and seek right to stay in matrimonial home or alternative accommodation
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
1. The marriage seems to be over especially if your husband does not respond to your overtures.
2. Try to peacefully end the marriage by way of mutual divorce.
3. if your husband doe snot agree to this then you can file contested divorce and other criminal cases of tortures including your claim for maintenance.
Devajyoti Barman
Advocate, Kolkata
5136 Answers
54 Consultations
4.9 on 5.0
1. RTI is of no help of he works in private organisation.
2. However nothing to worry as in the maintenance case if you file any, you can ask for roof of his salry by summoning his office accountant to court.
3. Do not think too much. Take  a call by filing the case. It would yield desired result for sure.
Devajyoti Barman
Advocate, Kolkata
5136 Answers
54 Consultations
4.9 on 5.0
1. If you wish to sustain your marriage then you may file for restitution of conjugal rights in the court. On the contrary, if you are inclined towards ending your marriage then you may unilaterally apply for divorce notwithstanding lack of cooperation by your husband in filing for mutual divorce.


2. You may also sue him for maintenance. It is his legal duty to support you financially. Additionally, you may also seek the right to accommodation at your husband's expenditure by filing a case for domestic violence.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
1. Whether it is useful or not to carry on this relationship can be decided by you alone. If you do not wish to carry it on then you may file for divorce. Filing for divorce does not emasculate your right to claim maintenance from him.

2. RTI will not help your cause in any manner. You can produce his salary slip as proof in court.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
1) you have to allege that  husband is earning 1lakh per month 

2) if husband is making EMIs payment of flat it must be reflected in his bank statement . 

2) you can make application to court calling upon your husband to produce his statement for last 3 years . 

4)RTI does not apply to pvt companies
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
1. First of all decide as to what do you want to do now as we can not measure the depth of your problem without personally witnessing it,

2. You have not mentioned as to why is he doing so. Is there any possibility that he might change leter on? If no, then terminate the relationship by taking maintenance or compensation,

3. If your husband does not bother to agree to give mutual consent divorce with adequate compensation, force him to do so by filing police complaint u/s498A of IPC for subjecting you to cruelty for gain,

4. Meantime also file an application as pere DV Act praying for maintenance and alternative accomodation,

5. After this, your husband will agree to sign the MCD petition by paying you adequate compensation to you.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
Dear Querist
file divorce and maintenance petition before court against him. if there is no chance for save this marriage.
Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0

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