No Maintenance From Husband Who Has An Extramarital Affair

I'm a mother of 2 kids I'm living separately from my husband for the past 2 years but not divorced. He and his family mentally and physically tortured me and sent me to my parents home. We didn't have communication for the past 2 years. When I was 4-... Read More

I'm a mother of 2 kids I'm living separately from my husband for the past 2 years but not divorced. He and his family mentally and physically tortured me and sent me to my parents home. We didn't have communication for the past 2 years. When I was 4-month pregnant for my 2nd baby, he left me and till now he has not given any money for our expenses. Now, my husband has an affair with his brother's wife with his family permission. What can I do?
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Answers (2)

Saachi Khurana

Saachi Khurana

  • Sector-1, Noida

In such a situation, you can file a maintenance case against your husband under section 125. Section 125 of the Code of Criminal Procedure, 1973 lays down the provision that states that when a man has sufficient means, he is liable to pay for the maintenance of his wife, children, and parents if they do not have any reasonable means to support themselves or suffer from any physical or mental incapacity. There is no limit of minimum or maximum maintenance under section 125 mentioned, it depends on the economic condition and discretionary power of the court.

Answered on 22 Jan 2020


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Advocate Suneel Moudgil | Legistify

Advocate Suneel Moudgil

  • Judicial Complex, Panipat
  • Panipat

If you want to remain in the matrimonial relationship, then, try to settle the matter amicably with your husband involving elders/relatives/friends etc and start afresh, and if, failed, file Restitution of conjugal rights petition in the Court, and, if you want to terminate the matrimonial knot, (you should) then, try to settle the matter amicably with your husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish, don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case, some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc. if failed, you are advised to file/claim: 1. 498a complaint (for causing mental, emotional, physical and monetary abuse, etc) 2. Domestic Violence case (for causing mental, emotional, physical and monetary abuse, etc) 3. you have rights to claim residence, protection, compensation, maintenance, etc for you and the kids, if you do not want to opt for the divorce presently, you can ask for judicial separation also.

Answered on 24 Jan 2020


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