Interim maintainance to be given to a working wife
I got married in April 2012 with my husband. My husband has one property of Rs. 40 Lakh which he bought during our marriage period in Ghaziabad on his name with bank loan and my husband has only one younger unmarried brother as his parents are no more. I was working in New Delhi after the marriage also. In starting one year of my marriage he tortured me for dowry that we have not received this and that. I gave him one gold chain, money and always supported him in his good times and bad times. In my 7 month’s pregnancy period he used to hit me on wall and threaten to stab me.
After my baby Girl’s birth we bought one more property on my name in New Delhi, due to lack of few documents, my husband’s decided to purchase it on my name. On papers it is of Rs. 15 lac and in actual it is of Rs. 30 lac wherein my contribution was almost 12 lac and rest was by his savings and he again took on Ghaziabad house (loan against property)of Rs 10 Lac. On saying of his brother, uncle and aunty he forced me to leave the job and give that property to him, he mentally tortured , abused and beaten me several times. I left the job on Oct 2014 and he again tortured me and pressurized me to sell the property. But after 6 months in April 2015 I joined another company and I said we both will pay off the loan I will give you my salary but he again started fighting with me to leave the job. One day in May 2015 he again abused and forced me to leave the house then I was fed up and left my baby there for ten days but he started living with his uncle and aunty as they were taking care of my baby. I tried to talk and meet my baby but they never let me do that. One day my husband called me up and said come I went to his uncle and aunt because my baby was taken care by them I told them I came here to meet my baby and take her with me to my husband place then they did not gave her and said to take this baby from court and forcefully kept me in there house and locked me for 2 hours, I called to police and told them to drop me at my husband’s house safely but they said to register the complaint at your nearby police station and I went there and they did not gave me acknowledgement of my complaint letter and said we will do something for you. My husband has good contacts with UP police so police did not helped me and not taken the responsibility to let me enter the house. Now my husband says until unless I will give him the property which is on my name he will not live with me and I have filed for 498a and maintenance for me and my daughter. Although my husband has my stridhan and property papers with him which he now denies that he don’t have anything and blames me that I and my parents have everything. He is working with bank and earning Rs. 80000 + works for foreigner clients for 1000 US$. He has loan of Rs. 26 Lac after filing my maintenance case he has increased his EMI from 26000 to 40000. I am earning Rs. 40000 as a consultant in a company.
I know my two years daughter is fully entitled to be maintained by my husband but I wanted to know whether I am also entitled to be maintained by my husband, because he abused and tortured me, I wilfully did not left the house even I still want to leave with him for my daughter as she needs her father’s love and mother’s love both.
After evaluating my salary and my husband income by what amount I may get and my daughter may get from maintenance case? Now my husband gives excuse that he wants to be free from loan that’s why he wants to sell the house but in actual we both earn well and get rent from another purchased property also. Giving him the property is not a big thing from my side but his method of taking home is not right. Please guide another way as he is not ready to transfer this property on her daughter and I offered to be the co-partner also. But he has ego problem as he wants to show to his relatives that he can take the property from her wife.