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Financial support that a working woman can get from husband after divorce
2 years ago
Hi, I am married 10yrs back and have a 9yrs old son. This is my 2nd marriage. Earlier in 2008 I married a person and got legal divorce as he was an impotent which they hide before marriage. Both of my marriages are set by my parents only. My parents informed my husband and his family about my earlier marriage very clearly and upon their willing only we tied together. But later marriage my in laws and husband started showing their original colors where they started it like a slow poison. My husband nor in laws never treated me like a wife or as a family member. They treated me as a money lending machine. My husband as brutally beaten me, abused and tortured me all the ways he can - physically, oral abuse and mentally. I am a well educated person and both of my parents are educated and government employees. I bared all the pains for 9yrs and now I am broken out. Currently I am staying at my parents home along with my son. I am a working women and earning more than my husband. It's been nearly 19 months we are separated. Now my husband is sending legal notice with false aligations against me and in the last mentioning that he is willing to continue normal married life if I go back, which is not true for the actual fact. He is doing this only to escape from the maitanace of me and my son if I file for divorce or file for the property for my son, and for my maintainance.
people say that I will not get any maintance as I am earning more than him, but what about the dowry we gave at the time of marriage and other huge amounts that my parents gave whenever he tortured me
Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.You will not get maintenance but you will can file 498A for dowry.
You can file DV case also for compensation and maintenance for son.
But better you give him his own medicine.
You accept to go back and then follow your lawyer.
You can file DV case also for compensation and maintenance for son.
But better you give him his own medicine.
You accept to go back and then follow your lawyer.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
There are a plethora of laws through which you can claim maintenance. You can file a suit u/S 125 CrPC for maintenance. Further, to reclaim your streedhan possession you can file a suit u/S 12 of the Domestic Violence Act. Your right to streedhan is protected under S. 14 of the HSA.
If you find my answer helpful then kindly rate me.
There are a plethora of laws through which you can claim maintenance. You can file a suit u/S 125 CrPC for maintenance. Further, to reclaim your streedhan possession you can file a suit u/S 12 of the Domestic Violence Act. Your right to streedhan is protected under S. 14 of the HSA.
If you find my answer helpful then kindly rate me.
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A.Hi,
You can get back your streedhan by filing a suit u/S 12 of the Domestic Violence Act since it is clear that you have been a victim of domestic violence. You are entitled to receive your possessions u/S 18 of the Act.
If you find my answer helpful the kindly rate me.
You can get back your streedhan by filing a suit u/S 12 of the Domestic Violence Act since it is clear that you have been a victim of domestic violence. You are entitled to receive your possessions u/S 18 of the Act.
If you find my answer helpful the kindly rate me.
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A.Dear Madam,
You can lodge complaint under section 406 of IPC to get back Your dowry jewelry
You can lodge complaint under section 406 of IPC to get back Your dowry jewelry
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A.See if you are earning more than him then you will not get maintenance but alimony is something which you can still try for as situation for women change very often in India. Secondly you can still ask for maintenance for the child for which he has to take responsibility even if you are earning.
The alimony and maintenance are covered under Sections 37 of Special Marriage Act and Section 25 of Hindu Marriage Act and also one can file a case for maintenance to a Magistrate under Section 125 of CrPC.
Section 37 in The Special Marriage Act, 1954
37. Permanent alimony and maintenance.—
(1) Any court exercising jurisdiction under Chapter V or Chapter VI may, at the time of passing any decree or at any time subsequent to the decree, on application made to it for the purpose, order that the husband shall secure to the wife for her maintenance and support, if necessary, by a charge on the husband’s property such gross sum or such monthly or periodical payment of money for a term not exceeding her life, as, having regard to her own property, if any, her husband’s property and ability 1[the conduct of the parties and other circumstances of the case], it may seem to the court to be just.
(2) If the district court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may, at the instance of either party, vary, modify or rescind any such order in such manner as it may seem to the court to be just.
(3) If the district court is satisfied that the wife in whose favour an order has been made under this section has re-married or is not leading a chaste life, 2[it may, at the instance of the husband vary, modify or rescind any such order and in such manner as the court may deem just.]
Section 25 in The Hindu Marriage Act, 1955
25 Permanent alimony and maintenance .—
(1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall 55 [***] pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and other property of the applicant 56 [, the conduct of the parties and other circumstances of the case], it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.
(2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.
(3) If the court is satisfied that the party in whose favour an order has been made under this section has re-married or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, 57 [it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just].
Section 125 in The Code Of Criminal Procedure, 1973
125. Order for maintenance of wives, children and parents.
(1) If any person having sufficient means neglects or refuses to maintain-
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
1. Subs. by Act 45 of 1978, s. 12, for" Chief Judicial Magistrate" (w. e. f, 18- 12- 1978 ).
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct: Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means. Explanation.- For the purposes of this Chapter,-
(a) " minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875 ); is deemed not to have attained his majority;
(b) " wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
(2) Such allowance shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance.
(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month' s allowances remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due: Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such
Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing. Explanation.- If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife' s refusal to live with him.
(4) No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.
(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.
The alimony and maintenance are covered under Sections 37 of Special Marriage Act and Section 25 of Hindu Marriage Act and also one can file a case for maintenance to a Magistrate under Section 125 of CrPC.
Section 37 in The Special Marriage Act, 1954
37. Permanent alimony and maintenance.—
(1) Any court exercising jurisdiction under Chapter V or Chapter VI may, at the time of passing any decree or at any time subsequent to the decree, on application made to it for the purpose, order that the husband shall secure to the wife for her maintenance and support, if necessary, by a charge on the husband’s property such gross sum or such monthly or periodical payment of money for a term not exceeding her life, as, having regard to her own property, if any, her husband’s property and ability 1[the conduct of the parties and other circumstances of the case], it may seem to the court to be just.
(2) If the district court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may, at the instance of either party, vary, modify or rescind any such order in such manner as it may seem to the court to be just.
(3) If the district court is satisfied that the wife in whose favour an order has been made under this section has re-married or is not leading a chaste life, 2[it may, at the instance of the husband vary, modify or rescind any such order and in such manner as the court may deem just.]
Section 25 in The Hindu Marriage Act, 1955
25 Permanent alimony and maintenance .—
(1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall 55 [***] pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and other property of the applicant 56 [, the conduct of the parties and other circumstances of the case], it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.
(2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.
(3) If the court is satisfied that the party in whose favour an order has been made under this section has re-married or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, 57 [it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just].
Section 125 in The Code Of Criminal Procedure, 1973
125. Order for maintenance of wives, children and parents.
(1) If any person having sufficient means neglects or refuses to maintain-
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
1. Subs. by Act 45 of 1978, s. 12, for" Chief Judicial Magistrate" (w. e. f, 18- 12- 1978 ).
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct: Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means. Explanation.- For the purposes of this Chapter,-
(a) " minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875 ); is deemed not to have attained his majority;
(b) " wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
(2) Such allowance shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance.
(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month' s allowances remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due: Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such
Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing. Explanation.- If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife' s refusal to live with him.
(4) No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.
(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.
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