Legal Question in Family Law in India
Sir, My husband is working in a IT Software company and is drawing more than Rs 1 lac per month. Knowing he is drawing a huge salary, a group of prosetute, one among them had a contact with him and obtained Rs 20 lacs by threatening him that I will come to office and make publicity, I will meet your wife and spoil your life etc. Now he is full of debt through personal loan and credit card and not able to take care of the family. He just left away leaving me and my two girl children one is 11 years and another is 3 years. Then I got the address from office. Quarrel started between us and it went to apply for divorce by him. Then I filed a maintanence petition against him and proved what he has done in court. so the case got cancelled as he told he will take care of the family. Now he is sending an amount of Rs 6000/- for 3 of us but not turned home and is threatening me to give divorce otherwise he says he will change the nominee of PF-Gratuity and LICs and also threatening that he will change the nominee of residence as it is in his own name. I am staying at his residence financed by both of us but it is his name.I Seek your advice.
If i file a maintenance petition he is not able to pay the huge amount.
He is not willing to come and stay here.
He is not able to give the settlement for 3 of us.
He is not able to take the responsibility of children.
Simply he want me to give divorce.
5 Answers from Attorneys
yes, in case he is earning 1 lac a month, he is liable to pay atleast 40k towards maintenance for 3 of you. in case he is not willing to stay with you, no court can compel him to do so. you can claim maintenance by filing an application u/s 18 or file a complaint u/s 125 of criminal procedure code or file a complaint under domestic violence act and also seek compensation apart from maintenance. in case he is denying the responsibility towards children, the court can only compel him to pay and not to be present as and when the kids require him. in case he wants to give you divorce and you do not want divorce, he will not be able to take divorce easily.
1. Your must have continued your maintenance case instead of settling for only Rs 6000 per month for 3 of you.
2. File a Petition for restitution of conjugal rights and also ask for monthly maintenance of at least rs 20000 per month. If he resides out of chennai, then you must offer to join and live with him in the petition.
3. Gather the proof of your contribution towards home purchase and ask him to settle the property in your name fully/ or 1/2 share.
4. Inform his office by legal notice that he is attempting to change nominee for PF/gratuity which is illegal.
S.Seshadri
7A/130, Queens' Court, Montieth Road, Egmore, Chennai 600008. India.
Phones: 98403 20808 / 28515229. emails: [email protected] and [email protected]
Seshadri S
www.lawconcern.com
7A Queens Court 130 Montieth Road Egmore Chennai
Chennai,india, NUS 600008
you can get mainteance to the tune of /Rs. 60k-70k including for your children. you should file a case for maintenace. regaring residence, you can get the residence right by filing the petiton under Domestic violence Act
you can go for DV act or ask for lumpsum maintenance.
You may initiate appropriate legal proceedings and pursue your remedies in accordance with law. the change of nomination by him may not harm your interest in any manner as the nominee is the not owner of property received by him; moreover, the nominee will operate only after his death. at this stage you may obtain appropriate court orders and wait for the results.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
