I have been married for 11 years and have a 10 years old son. My husband never gave me any money/expenses for my son & me. I somehow managed by taking tuition and later started working. My husband used to earn 30,000 by working as a manger in an apparel showroom + some other money from here and there (renting a room at home, giving money on interest, giving commission from his company by taking their franchisee). Last year my husband sold our house and took a flat on rent. He used almost half of the money in establishing his own 5-6 showrooms in partnership, but all showrooms were under his mother's name. The extra money is also in her name and not my husband. All other expenses like my son's school's fee, his clothes, uniform, my expenses, medicines were beared by me as he never gave any money. My mother in law also denied giving me money. I certainly started earning more than him, by working extra, overtime, etc.. He knows about all my details as he used to get my ITR filed. We used to have fight over expenses, as i always used to ask him to pay at least the school fee, but he denied. My mother in law later asked me to buy my food on my own as well. i was depressed and therefore used to shout at my husband, as to why mother in law is behaving like this. He had no answer, but supported his mother obviously because money is with her. One day, when i was at office and my son was at my mother's place due to school vacations, he left the rented house with his mother and their clothes, some utensils, and some necessary items (tooth brushes, gas stove, cylinder, etc..). The next day i got a notice from his lawyer which was a divorce petition, (no summon was attached). Later we discovered that the first hearing will be in December (approx after 6 months). Now my husband is saying that he is not going to pay anything as maintenance as his earnings are zero. But he has a car and a phone, for which he is paying installment (i have no records of those, as he took all papers also). He had already sold some of the jewellery already.
Can he get grounds on cruel basis? Ideally he was cruel as he never paid me anything.
Am i and my son entitled for maintenance? How much?
I have a private 12 hour job. When i was with him, his mother used to take care of hm son when i was at office. But now i may have to leave the job later, as i will have to take care of my son.
My father is retired, so he cannot bear my expenses.
What about house? Who will get me house to live?
Asked 8 years ago in Family Law
Religion: Sikh
Thank you for your advise.
He has been troubling me for 11 years and was his mother's puppet. Did what ever his mother asked him to? He never paid me anything, lately he stopped giving me food/money for food. He used to sleep with his mother also and was never concerned about me and my son. He used to go out for 4-5 days to out stations without even letting me know. As he used to sleep in his mother's room, he used to leave early in the mornings and never picked up the phone. Later when he used to come back, told that he went out to see the showrooms as wanted to establish showrooms in different cities. He directly exploited me. The way he has left me, Is it easy for him to get the divorce on cruelty grounds?
I think he may have recorded something as an evidence against me as i mentioned earlier, i did shout at him because of his mother., not giving me money/food/expenses. He thinks he will get divorce/separation in a year and will be free after that.
I had lodged 3 complaints against him at police stations when he had beaten me once and harrassed for other time, brought a girl at home at third incident. His mother supported him. But i have no records of those. As i still lived there, thinking he would improve. So it was actually he who was cruel.
Asked 8 years ago
Thank a lot for the advise.
He has mentioned cruelty as the reason for divorce petition. Can he get divorce basis that?
The copy of notice that i received had stories joined together, meaning he joined 2 stories to make it appear my fault. He has filed false allegations like i used to beat my mother in law. I am a slim weak person, My mother in law is strong, healthy overweight,
A. How can he even think of putting such allegations?
Another one: I never cooked, yes, that"s correct, but we had a cook at home, that"s why.
B. I want to know, what evidence can he have to prove cruelty?
Also, i do not have any records of the complaints filed against him.
I am just little sure of the month and year. And it was just a complaint on paper, not an FIR.
C. Can the court ask me to prove these? I don't think police will even try to search the records if i go there.
Also, I am not sure where is he living. He has mentioned his sister's address in the notice. I have also lodged a complaint in women cell, but he did not come in the first call, and said he is unaware and is out of Delhi. He returned the summon back. It was sent to one of his showrroms, but he also asked for a copy of complaint thru RTI. The second women cell date is 28/06, i am sure he is not going to come.
D. Would it benefit me if he does not come. What should i say there if he comes?
Asked 8 years ago
