Legal advice against husband
3 weeks ago
Good evening myself Aishwarya Dey, Me and my son (3 years old kid) went to Ireland with my husband as my husband is living there but after going there my son's health condition was not good as he was in depression as he was always took care by my mother and that country he was missing his grandmother so, Doctor suggested us to go back to India as he is very young and couldn't accept the change of his lifestyle so, we came back to India , now I am staying with my parents as my son is very comfortable with my parents and he is happy here,
So, my problem is that , my husband is not bearing my and my son's expenses as I am staying at my parents house, he said , as I am staying at my father's house so it is my father's responsibility not his. I am totally financially independent on him and my father is doing a small private job and it is very difficult for him to maintain our basic needs. Please suggest me what should I do now?
Section 125 of the Code of Criminal Procedure, 1973 mandates that individuals with sufficient means must support their spouse, children, and parents if they are unable to support themselves. If a husband fails to provide financial assistance to his wife, she can seek maintenance and alimony under this section. A ruling by the Calcutta High Court in the case of Dipak Banerjee vs Sudipta Banerjee in 1987 established that Section 125 applies regardless of citizenship or personal law. If the husband resides abroad, the complaint can be forwarded to the Indian Mission in that country for settlement attempts. If settlement fails, legal action under Section 125 can be pursued.
You may file Domestic Violence and also maintenance case for yourself and your son and thus your husband is suppose to pay the same.
Section 125 of the Code of Criminal Procedure, 1973 (CrPC) provides that any person who has sufficient means to maintain himself cannot deny to maintain his wife, children, and parents if they are not able to maintain themselves. If the husband fails to provide financial support to his wife, she can file a case for maintenance and alimony against her husband under Sec.125 Cr. PC. As per the decision of the Hon'ble Calcutta High Court passed in the case of Dipak Banerjee vs Sudipta Banerjee on 23 July, 1987, Section 125 of the Code of Criminal Procedure Code can be applied irrespective of citizenship and of the personal law of the petitioner's husband. You may forward your complaint to the Indian Mission, in the foreign country where your husband resides, to contact your spouse for settlement of your claim of maintenance. In case your husband doesn't agree or cooperate with such a settlement, you may take judicial recourse against him under Sec.125 Cr. PC. Reach out to an Advocate experienced in matrimonial and maintenance matters for guidance and steps. Feel free to contact our legal team if you need our expert service to navigate your legal issues in the right way.
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