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Husband denied expenses for both of us
1 week ago
Hello,
I am a working mother and I got married in year 2019. From day one of my marriage my husband had denied to pay for anything that is concerned to me. I had managed my expenses on my own and apart from this I contributed equally in household expenses during this period. In these years I got pregnant two times and entire expenses for the pregnancy from medicines to tests as well as doctors visit plus final c section bill was only given by me only. My husband had finally denied to pay for the milk expenses of the child and is continuously asking me for money. Initially I thought he might be financially burdened so I should be supporting him but it seems he never wished to take financial responsibility. What can I do now?
A.Dear Client,
Section 18 of the Hindu Adoptions and Maintenance Act (HAMA) ensures that Hindu wives are entitled to maintenance from their husbands throughout their lifetime, regardless of when they were married. If a spouse neglects this obligation, a petition can be filed in the family court or judicial magistrate's office nearest to either spouse's residence or where they lived as a couple under Section 125 of the Criminal Procedure Code (CrPC). To qualify for maintenance, the petitioner must prove neglect or refusal of financial support. Even if a woman works, she can still seek maintenance if she cannot cover her expenses. The court considers various factors before ordering maintenance. A Supreme Court ruling from November 2020 clarified that deserted wives and their children are entitled to maintenance from the date they file for it. Maintenance orders can be enforced similarly to civil court decrees, using available provisions for money recovery suits.
Section 18 of the Hindu Adoptions and Maintenance Act (HAMA) ensures that Hindu wives are entitled to maintenance from their husbands throughout their lifetime, regardless of when they were married. If a spouse neglects this obligation, a petition can be filed in the family court or judicial magistrate's office nearest to either spouse's residence or where they lived as a couple under Section 125 of the Criminal Procedure Code (CrPC). To qualify for maintenance, the petitioner must prove neglect or refusal of financial support. Even if a woman works, she can still seek maintenance if she cannot cover her expenses. The court considers various factors before ordering maintenance. A Supreme Court ruling from November 2020 clarified that deserted wives and their children are entitled to maintenance from the date they file for it. Maintenance orders can be enforced similarly to civil court decrees, using available provisions for money recovery suits.
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A.Dear Client,
Section 18 of the Hindu Adoptions and Maintenance Act (herein HAMA), 1956 states that a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained by her husband during her lifetime. When a person intentionally ignores or refuses to discharge his moral and statutory obligations to his family, you can file a petition before the family court or judicial magistrate nearest to the husband or wife's current residence or where they resided as a couple along with essential documents under Sec.125 Cr. PC seeking maintenance for you and your child. To successfully claim maintenance under Section 125 CrPC, certain conditions must be met: Neglect or Refusal: The person seeking maintenance must demonstrate that the respondent has neglected or refused to provide financial support. Women who even after working and earning are unable to bear their expenses and fulfill their necessities can claim alimony from their husbands. However, the Court takes into consideration certain matters before passing the order to direct the husband to pay the amount of maintenance. In November 2020, the Supreme Court of India ruled that deserted wives and their children are entitled to alimony/maintenance from their husbands from the date they apply for it in court. The order or decree of maintenance may be enforced like a decree of a civil court, through the provisions, which are available for enforcing a money recovery suit. Reach out to an experienced Advocate dealing with matrimonial and maintenance cases for guidance and steps. Feel free to contact our legal team to avail of our expert service to navigate the issue in the right way.
Section 18 of the Hindu Adoptions and Maintenance Act (herein HAMA), 1956 states that a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained by her husband during her lifetime. When a person intentionally ignores or refuses to discharge his moral and statutory obligations to his family, you can file a petition before the family court or judicial magistrate nearest to the husband or wife's current residence or where they resided as a couple along with essential documents under Sec.125 Cr. PC seeking maintenance for you and your child. To successfully claim maintenance under Section 125 CrPC, certain conditions must be met: Neglect or Refusal: The person seeking maintenance must demonstrate that the respondent has neglected or refused to provide financial support. Women who even after working and earning are unable to bear their expenses and fulfill their necessities can claim alimony from their husbands. However, the Court takes into consideration certain matters before passing the order to direct the husband to pay the amount of maintenance. In November 2020, the Supreme Court of India ruled that deserted wives and their children are entitled to alimony/maintenance from their husbands from the date they apply for it in court. The order or decree of maintenance may be enforced like a decree of a civil court, through the provisions, which are available for enforcing a money recovery suit. Reach out to an experienced Advocate dealing with matrimonial and maintenance cases for guidance and steps. Feel free to contact our legal team to avail of our expert service to navigate the issue in the right way.
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