Divorce in case of wife is ill Divorce in case of wife is ill

1 year ago

My husband an I want mutual divorce as we are unable to stay together due to differences. He does not want to take my financial responsibility. Does communicate well and lie to me for every small thing that does not even matter at all. He is habitual of lying. He is not giving reasons of divorce as my illness. But it is the reason as I am unable to do household chores. His mother once thrown me out of her house and send my objectionable photos to my FIL and BIL. It is very stressful for me to stay with them
But our case is very complex. I have an autoimmune disease he got to know just after the 3 months of marriage . He thinks I have hidden about this thing before marriage. We dnt have child and been 6 years of marriage. Although he has taken care of me well but keeps on taunting me about the expenses in treatment and does not take care of personal needs well.

My father have given car in marriage and some jewelry to him and father in law... He only give me 5K a month thats it...

1) if he files for divorce first to kya unko jail ho skti hai kya. (kisi ne mujhe btaya ki agar wife seriously ill hai to husband divorce file nh stta.. aisi halat me use chod nh skta)
2) if I file for divorce to kya he can counter case about not telling me about the LUPUS... (But I had told him about the talk I had with dr about concieving nd symptoms... beemari ka naam to mujhe yaad bhi nh tha... I was dumb.. but mere paas proof nhai hai) I dnt have any report shadi k pehle ki.... Or can he demand for the expenses he have spent on my medications...
Personal kharche to usne mujhe bahut kam diya hai.. mostly mere papa ne hi diye hai... Sirf medicine ka diya hai...
Pehle 45000 salary th tb bhi same halat thi abhi above 1lak hai tbhi aame halat hai..
3) I dnt want any compensation.... Or his money.. but if we file for mutual divorce... I want all the things jewellery and car gifted by my papa back... And the amount we have gifted to there relatives in marriage... Coz I would be needing that money for my treatment....

4) If I want maintenance how much he should pay. Although I ma MBA but not working since last 3 years and my salary was 25k only.

Anik

Responded 1 year ago

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A.Hello ma'am,
If you are filing for mutual divorce then you canalsk file a suit asking for reasonable maintenance. Under S. 24 of Hindu Marriage Act, 1954 either the wife or husband can apply for interim maintenance. The basis of the claim for interim maintenance is that the claimant has no independent income of his/her own to support himself/herself. You can file a suit claiming the streedhan. As per Hindu Law, Streedhan is whatever a women receives during her life time. Streedhan includes all movable, immovable property gifts etc received by women prior to marriage, at the time of marriage, during child birth and during her widowhood .
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