Dear Advocates, I have been married for 19 years with 2 children 16 yrs boy and 11years girl.My husband is having a extramarital affair since almost 6 years with a 26 year old girl rather almost living with her.I leave in a joint family and have been in stress, mental torcher and financial problems as i have taken a loan of almost 6 lakhs as my husband was not giving me sufficient miney gfor survival, though he tries to prove he is paying but iam a spent thrift. My question is can i live in the same house and ask for a compensation and ask him to give the house in my name though the property is in parents name And how do i live in same house and ask for sufficient amount of money for home and children.
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1) you have no claim on house if it is in your in laws name
2) if you are not working you can file domestic violence case and seek maintenance for yourself and children . Even if you are working you can seek maintenance for the children
3) you can also seek alternative accommodation from husband
4) you can also file for divorce on grounds of adultery and mental cruelty and seek alimony and maintenance for children
Iam working but as i mentioned i have taken a loan of almost 6 lakhs nothing is saved
What is your income and what is your husband income
2) if there is wide disparity in your income court can award you maintenance
You can very well file a maintenance case against him seeking monthly maintenance amount from him through court of law under section 125 cr.p.c.
You can also fie a domestic violence case against him for causing mental cruelty/stress by ignoring to maintain and taking care of you and the household due to his adulterous lifestyle.
You can seek protection, residence and maintenance in the proposed DV case.
You cannot seek residential rights in his parents house.
If he is a salaried employee you may seek to attach his salary for paying the maintenance amount ordered by court.
Dont lose your rights of wife at this stage by filing a divorce case.
Iam working but as i mentioned i have taken a loan of almost 6 lakhs nothing is saved
If you are employed then you can file maintenance case on behalf of your minor son and unmarried daughters.
It becomes his duty to properly maintain his children.
Dear Concerned,
In reference to your notes above, the below may be considered-
a) you may file a complaint under Domestic Violence against your husband and family members-- this would protect you, get you compensation and some maintenance for self and children, if not self at least for children.
b) Alternatively, you can file maintenance for self and children. You MAY not be able to get something but maintenance for your children may be allowed.
As we some gaps in your notes we suggest to contact our office for guidance and consultation(free) on your matter. Our details can be found on google.
During the subsistence of your marriage you have the right to residence in your matrimonial home. If this right is being denied then you can file a case under DV Act to enforce it. You are also free to seek maintenance for yourself and your children. To maintain children is the joint responsibility of both parents.
