Divorce and Maintenance

Dear Client,

Based on the facts stated, you have legal remedies against your husband for economic abuse, mental cruelty, and failure to maintain you. You may file an application under the Protection of Women from Domestic Violence Act, 2005 seeking monetary maintenance, residence rights or alternative accommodation, return of your streedhan (including your jewellery and other belongings retained by your husband), protection from further harassment by your husband and in-laws, and compensation for the mental agony caused to you. You may also seek maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 if your husband, despite receiving a government pension, has neglected to maintain you.

Although there is no automatic legal entitlement to half of your husband's pension during his lifetime, the court may direct him to pay an appropriate portion of his pension towards your maintenance after considering his income and your needs. As you are residing in Noida and are unable to afford litigation, you may also approach the District Legal Services Authority to obtain free legal aid and legal representation for pursuing the appropriate proceedings.