separation - husband is giving lots of problem
1 year ago
One of my friend married for the last 25 years. Her husband is giving lots of problem for the last four years. Her husband is always a very short tempered guy used to be verbal and sometimes physically violent during her married life. but she was having high values and loving him so much that she ignored his behaviour. She has two daughters 20 and 13 years old.She supported him like anything be it in his business or in his social responsibilities. She was helping him in his business day and night. They have grown a lot in business in last ten years. Before 4 years she found he is flirting with a girl and then she had to put her food down for not having extra marital affair. She went to depression after found out his affair. Initially he said sorry but he broke her trust two three times then there were lots of fight in-between. He started giving her trouble by torturing her the way he could. He stopped giving money for even household.He was used to drink a lot and fight all the time,Suddenly one day he left the house. He blocked her from any communication. For a long time, My friend didnt want to make it any fuss so she kept on resisting the way she could . But didnt take any legal action. She feels that going legal will ruin her daughters social future. Now last year he started trying to patch up but with his terms and condition . Then every now and then he is showing power and control. Resently he beaten up his 20 years daught and shouted a lot and left the house , blocked all the communication. Any time and every time he stopsgiving money. Stop coming at home, block communication. She trusted him so much that she has not kept any property or money on her name. Every thing is on his name other then joint name in his office from where he is doing business . Thats the way he is trying to show power and control. I have few questions.
1. Can she have security of money from him without taking divorce. Is there anyway to force him to give expenses for her and her daughters.
2. Can she go to office and start doing her own work from there. Can he stop her?
3. Can she use any of his property ? Can he stop entering her ?
4. What is the best way to make him realise that he is on the wrong way. There is no one elder person who can make him realise.
5. what are the rights if she takes divorce? what will be her part in his business and property?
6. What are the rights of her daughters?
7. Is there any organisation who can come and make him realize or counceal ?
To answer your first query, yes you can claim maintenance from the husband even without divorce, if he is not making any payment. You can file a petition under section 125 of Crpc.
To answer your second query, The husband has no legal authority or power to stop his wife from working, she is well within her fundamental rights to work and earn on her own terms.
To answer your third query, if the wife can prove to the court that she had made contribution in procuring the properties she can claim a share in the property.
To answer your fourth query, the wife can file a complaint in the police station for domestic violence, adultery and teach him a lesson to mend his ways and bring him in line with the power of the law.
To answer your fifth query, If the wife takes a divorce, she can claim for alimony and a stake in the properties she has contributed to and ensure she and her children are secured financially and live their lives peacefully without the influence of her husband. Her part in his business and property will depend on how well she can prove to the court she mad significant contributions in the business, if she cant she will only be entitled for maintenance for herself and her kids.
For the 6th query, your adult child can decide to live independently and choose to live with whomever she wishes, she can claim maintenance from her father as well. For the second child, the mother can file a petition for custody and show to the court the father is incapable for caring for the child and hence the child should belong with the mother. This child will also get maintenance from the father.
To answer your 7th query, the wife and kids can try counselling with the husband if you believe the husband will listen, if not use the power of the judicial system to ensure justice for the wife and the kids.
Thank you so much, I hope this answer helped you.
Wife torture
Parental domestic abuse
Domestic voilence
Family issuw
crpc 125 filed by my sisters mother in law on her own son (my sisters husband)
