• Divorce and maintenance

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 5 months ago in Family Law from New Delhi, Delhi
Religion: Sikh
Though you are employed in a private sector, you still can file a maintenance case under section 125 cr.p.c. for yourself and your son. 
You can file domestic violence case against him and his mother for the violence leashed out agaisnt you and can seek the relief of protection, residence and maintenance.
You can challenge his divorce petition properly and challenge his allegations.
Dont leave your job for any sake because you will not get any support from him even you struggle hard agaisnt him because of the fact that he is not earning and can claim that he has no source of income.
You can file a suit for residential rights in civil court
T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
5.0 on 5.0
1. Since your husband has applied for divorce on the ground of cruelty he has to establish it in the court before the court may pass a decree favourable to him. You can contest his case on merits,'

2. Maintaining the child is the joint responsibility of both parents, so you can apply for maintenance for and on behalf of your child. He may have to beg or borrow but will have to comply with the court order. A provision has to be made for son's education, basic needs and also healthcare. 

3. You can also claim maintenance for yourself if you are not self sufficient.

4. You can also file a case of domestic violence to seek the right to residence in the rented house of your husband. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. It is not going to be a cakewalk, he will have to prove the allegations to the hilt.

2. Shouting at spouse on an isolated occasion does not constitute cruelty.

Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1) file DV case against husband seek alternative accommodation ,maintenance for child , compensation for mental torture undergone by you 

2) contest the divorce proceedings 

3) if you refuse to grant divorce husband will have long legal battle ahead

4) seek alimony from husband in divorce case and maintenance for child

5) contested divorce would take 5 years to be disposed of 
Ajay Sethi
Advocate, Mumbai
23233 Answers
1219 Consultations
5.0 on 5.0
1) also file 498A case against husband and mother in law for continuous acts of cruelty

2) mention incidents wherein he physically assaulted and complaints lodged by you in police station . 

3) also mention his refusal to bear expenses for food , clothing , education for the child and insistence of sleeping in mother bedroom only 

Ajay Sethi
Advocate, Mumbai
23233 Answers
1219 Consultations
5.0 on 5.0
If you feel that he has done injustice to you then you dont have any option than to take legal action agaisnt him.
You may file maintenance case under section 125 cr.p.c. for yourself and for your son.
You can file domestic violence case agaisnt him and his mother for the cruelties meted out to you and can seek protection and residential rights besides maintenance.
You can file an application under section 24 of Hindu Marriage Act 1955 seeking interim maintenance for you and u/s 26 for your minor son. 
 You can lodge police complaint for his cruel acts and criminal intimidation offences.
You should file a strong counter to his divorce petition denying all his allegations.
You can file a counter claim seeking restitution of conjugal rights in his divorce petition.
You wield out all your legal weapons agaisnt him to protect your rights as his legally wedded wife.
T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
5.0 on 5.0
1) husband has  to prove allegations made in petition 

2) if you have cook at home you don't need to do cooking . It does not amount to mental cruelty 

3) husband has to prove you physically assaulted your MIL 

4) your husband has to lead evidence to prove his case 

5) if husband does not attend police station in response to summons police will proceed in lodging FIR against him 
Ajay Sethi
Advocate, Mumbai
23233 Answers
1219 Consultations
5.0 on 5.0
He has mentioned cruelty as the reason for divorce petition. Can he get divorce basis that?

He has to prove it, but you can challenge his evidence properly. all other aspects can be challenged during cross examination.





A  No comments because it is his mentality to lie.




B  How do you think that a person who is staying far off from him shall be able to predict the evidences he may produce before court, just go through the petition averments, you may get some clue or tips on the basis of which he is planning to project his case.



C   All these matters are to be handled during trial proceedings properly, advise your advocate on these issues 



D  If he is not appearing before court after having filed the case then the court may dismiss his case which will be a benefit to your side or your cases agaisnt him.
T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
5.0 on 5.0
1. He can get it only and only if he proves it.

2. Don't be surprised by his allegations as people lie to the fullest extent in the court.

3. Documentary evidence or eye witness account is what he requires to prove your guilt.

4. If he does not come then FIR may be lodged against him.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. File a maintenance application for your don immediately,

2. As oper supreme court order, he has to maintain his son by begging or borrowing,

3. You can claim for your maintenance also if you are not working any more,

4. File DV case and also 498A complaint to put pressure on the son and your mother in law,

5. Seek alternative residential right in your DV case.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. You will get fair chance to contest his divorce suit fittingly with all your evidence and it will not be easy for him to get divorce so easily,

2. While contesting the divorce suit, file application for your and your child's maintenance and also for your right to reside in his or an alternate accommodation,

3. If you have not used any slang or abusive language against your mother in law and it is only your agitating shout on valid grounds, then his divorce suit  will have no merit to stand.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. You should have retained the copy of the complaints you had lodged before the police otherwise there will be no evidence for your said claim of having lodged 3 police complaints. Without evidence Court will not listen to your allegation normally,

2. Do you remember whether the police had recorded your complaint in the General diary? If yes, then you can pray before the Court for calling the diary for that period,

3. It will be to your legal advantage if he fails or refuses to attend the Court after receiving summons.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0

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