• Filing case aginst husband

Hi,

My husband has no job and drinks daily. because of his drinking habit he got lots of health issues also, now am unable to tolerate to see him when he is drunken. he don't take any responsibly of either home needs or caring about Childers. kindly advice me can apply for diverse against him  if yes what about our childrens. I have a 13 years old girl child and a 8 years old boy.
Asked 5 months ago in Family Law from Hyderabad, Telangana
Religion: Hindu
1) you can file for divorce on grounds of mental cruelty and seek maintenance from your husband for yourself and children 

2) also seek custody for 2 children 
Ajay Sethi
Advocate, Mumbai
23125 Answers
1215 Consultations
5.0 on 5.0
Yes, his irresponsible beahaviour is very pathetic and should be stopped .
Yes his conduct is fit enough to apply for dissolution of marriage.
Apart from filing suit for divorce claim maintenance for yourself and the children as well under PWDV Act.
Devajyoti Barman
Advocate, Kolkata
5164 Answers
54 Consultations
4.9 on 5.0
A husband who is a drunkard and abdicates his responsibility towards his wife and children commits cruelty towards his spouse, so you are free to apply for dissolution of marriage on this ground. You can also file a child custody petition to get the custody of your children as you are better placed than your husband to secure their welfare.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
1) working wife is not entitled to maintenance 

2)however you can seek maintenance for children 

3) file for divorce as advised earlier
Ajay Sethi
Advocate, Mumbai
23125 Answers
1215 Consultations
5.0 on 5.0
1) you have no share in property standing in husband name 

2) in respect of prioperyy standing In joint names both have equal share 

3) in divorce petition seek  orders that husband pay his share of EMI
Ajay Sethi
Advocate, Mumbai
23125 Answers
1215 Consultations
5.0 on 5.0
If your husband creates problem and does acts of cruelties after alcoholic drinks and is not maintaining the family including children, you can very well proceed agaisnt him with a divorce petition on the grounds of cruelty.  However since it is almost more than 14 years of your marriage and considering your children future and career, you may decide to live separately away from him legally by filing a petition under section 10 of HMA, 1955 for judicial separation. 
You have both the options i.e., divorce or judicial separation.In both the cases you can seek maintenance from him through court for yourself and for your minor children too. 
T Kalaiselvan
Advocate, Vellore
13943 Answers
127 Consultations
5.0 on 5.0
When I got married I was just a graduate and after marriage I did my regular course of post graduation for which my husband has paid part fees and now am earning for the livelihood. if I scold him for anything he will say I have paid for your education and also he will torture me by saying he will commit suicide. am unable to concentrate on my carrier.

If you are not able to endure the sufferings and his tortures anymore, you can decide a life against him by filing either divorce or judicial separation case. 
He may resort to emotional blackmailing namely suicide etc, dont be afraid about such stunts, now you should concentrate on you and your children welfare and their future and career.
Instead of experiencing a very hard and struggling life every day, why dont you decide to live separately away from him since you are able to sustain your sustenance as well. 
T Kalaiselvan
Advocate, Vellore
13943 Answers
127 Consultations
5.0 on 5.0
What about the property that we have, to whom will it go. My husband has one house on his name and I have got a new house recently by taking loan for which he smartly got it registered on joint names. I would like to have a secured life for my childrens. how about the childrens. Childrens doesn't like to stay with him and my inlaws will never take care of them, how will there distribution happen.

You can retain the children with you.  If he is trying to sell the house property on his name, you can file a suit to create a charge on his property and a permanent  injunction on the same line to protect the interest of the minor children and their maintenance by the father.  You do not give in to any pressure on the property held jointly by both, let him file any suit agaisnt it, you keep dragging on the suit by one or the other reason and keep challenging all his moves, which will force him to come down to some negotiations by which you can dictate terms and settle the things in your favor in the interest of your children.
T Kalaiselvan
Advocate, Vellore
13943 Answers
127 Consultations
5.0 on 5.0
1. You can file a divorce suit against your husband on the ground of cruelty,

2. Since contested divorce takes long time to get disposed of, you can negotiate with your husband for filing a mutual consent divorce petition which will be disposed of within 6 & 1/2 months from the date of filing. In case he refuses to sign the MCD petition, go for contested divorce as advised above,

3. You shall have to file a child custody case and since your husband is not employed, the Court is likely to award custody of your children to you.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Under the given circumstances, it will be appropriate for you to file divorce suit if your husband refuses to sign MCD petition.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. The property standing in the name of your husband will be owned and held by your husband,

2. The property registered in joint names will stand in joint names unless you file a declaratory suit praying for a declaration that the jointly held property is actually your property since you have paid the entire consideration and also praying for a  direction to cancel the registration in the joint names and register it in your name,

3. Your children can file a maintenance petition claiming maintenance  from their father which he shall have to pay as per direction of the Court by utilising the properties he is holding to generate funds to pay the said maintenance amount to your children. 
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
You do not have any share in the property registered on his name but you are the owner of the jointly registered house to the extent of 50%. You have the right to reside in the joint property and also to file a suit for partition to cull out your separate share therein. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
You can also file for maintenance for yourself and your children. The courts more often than not tend to lean in favour of mother while disposing a petition for child custody.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0

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