Tuesday, August 16, 2011

Need help with my husband!!!?

As your name suggest you are Indian Hindu, married according to Hindu Form of marriage in India & hence this marriage is covered under the Hindu Marriage act, 1955. Now first let’s talk about the topic of maintenance. As far monthly maintenance for destitute, unemployed wife or minor children is concerned a husband is can be legally enforced to provide this under section 125 of the Criminal Procedure Code & under the provisions of the Hindu Marriage Act, 1955 both during the pendency of any proceeding under this Act on monthly basis & at the time of ping any decree or at any time subsequent thereto, under this Act either on monthly basis or in lump sum. So the very fact when your husband says he will not pay for maintenance in case of divorce between both of you, tell him that as far this issue of maintenance is concerned that will be decided by the court before any decree of divorce is granted on permanent basis but even during the pendency of the divorce proceedings in the court you will be getting it from him on monthly basis. If he fails to provide it to you regularly on the order of the court his defense will be struck down by the court in the divorce proceedings, on the basis of any execution proceedings this amount awarded to you will be deducted from his salary & given to you. In case an order for monthly maintenance is awarded under the provision of section 125 Cr.P.C his failure to follow up the order means he can be sentenced to imprisonment for one month each for each months failure for sending you maintenance as per the court orders. Till he agrees for providing maintenance you can always refuse to agree for divorce by mutual consent. His refusal to provide both monthly maintenance & residential place for you at his expense will be amounting to domestic violence for which a suitable order can be obtained under the Protection of Women from Domestic Violence Act, 2005. All these provisions of law exist in India & I praise his guts to say NO to you for maintenance! For getting divorce guys are standing with large sums of money even go in for obtaining this amount as personal loan from financial companies, & see the guts of your husband saying No to you for this financial support to you at the time of divorce. First make this issue clear with him then only proceed further whether to continue with this marriage or not. For Maintenance for yourself & your children immediately file complaint/petition under section 125 of the Criminal Procedure Code, for getting both protection order & place of residence at his cost file complaint under The Protection of Women from Domestic Violence Act, 2005, then only this guy will agree for divorce on your terms & conditions. He is hopeless guy, just forget him for ever.

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