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Live separate frm husband w/o divorce & want maintenance for me n son
25-Apr-2023 (In Family Law)
I am married for 2 years under Hindu Law. Just got blessed with a baby boy. Due to very bad violent behaviour and too much drinking & smoking habits of husband I can't live with him. Even my in laws can't control or stop his behaviour & habits. I am professionally qualified but not working since I got married. Husband is working with a reputed private company and earning well but he does not give me monthly expenses and even did not bear my delivery expenses too. My own parents took care of me. Right now I am living with my parents at my maternal home with my newly born child. Now I want to know what are the legal ways to live separate from my husband without divorce and also claim maintenance for myself & son ?
You can file Domestic violence Complaint by which you can get following remedy.
Right to reside in a shared household:
The Act secures a woman's right to reside in the matrimonial or shared household even if she has no title or rights in the household. A part of the house can be allotted to her for her personal use. A court can pass a residence order to secure her right of residence in the household.
Right to obtain assistance and protection:
A woman who is victimized by acts of domestic violence will have the right to obtain the services and assistance of Police Officers, Protection Officers, Service Providers, Shelter Homes and medical establishments as well as the right to simultaneously file her own complaint under Section 498 A of the Indian Penal Code for matrimonial cruelty.
Right to issuance of Orders:
You can get the following orders issued in your favour through the courts once the offence of domestic violence is prima facie established:
Protection Orders: The court can pass a protection order to prevent the accused from aiding or committing an act of domestic violence, entering the workplace, school or other places frequented by the aggrieved person, establishing any kind of communication with her, alienating any assets used by both parties, causing violence to her relatives or doing any other act specified in the Protection order.
Residence Orders: in order to ensures that the aggrieved person is not dispossessed, her possessions not disturbed, the shared household is not alienated or disposed off, you can be provided an alternative accommodation by the Respondent if so requires, the Respondent is removed from the shared household and he and his relatives are barred from entering the area allotted to you.
Monetary Relief: The Respondent can be made accountable for all expenses incurred and losses suffered by you and by your child due to the infliction of domestic violence. Such relief may include loss of earnings, medical expenses, loss or damage to property, and payments towards maintenance of the aggrieved person and her children.
& after this you can file maintenance application under crpc 125
Right to reside in a shared household:
The Act secures a woman's right to reside in the matrimonial or shared household even if she has no title or rights in the household. A part of the house can be allotted to her for her personal use. A court can pass a residence order to secure her right of residence in the household.
Right to obtain assistance and protection:
A woman who is victimized by acts of domestic violence will have the right to obtain the services and assistance of Police Officers, Protection Officers, Service Providers, Shelter Homes and medical establishments as well as the right to simultaneously file her own complaint under Section 498 A of the Indian Penal Code for matrimonial cruelty.
Right to issuance of Orders:
You can get the following orders issued in your favour through the courts once the offence of domestic violence is prima facie established:
Protection Orders: The court can pass a protection order to prevent the accused from aiding or committing an act of domestic violence, entering the workplace, school or other places frequented by the aggrieved person, establishing any kind of communication with her, alienating any assets used by both parties, causing violence to her relatives or doing any other act specified in the Protection order.
Residence Orders: in order to ensures that the aggrieved person is not dispossessed, her possessions not disturbed, the shared household is not alienated or disposed off, you can be provided an alternative accommodation by the Respondent if so requires, the Respondent is removed from the shared household and he and his relatives are barred from entering the area allotted to you.
Monetary Relief: The Respondent can be made accountable for all expenses incurred and losses suffered by you and by your child due to the infliction of domestic violence. Such relief may include loss of earnings, medical expenses, loss or damage to property, and payments towards maintenance of the aggrieved person and her children.
& after this you can file maintenance application under crpc 125
Helpful?
Adv. Manish Kumar Pandey
Haldwani | 100+ Answers
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Hi first of all you claim maintenance in law from your husband while living with your parents for your self and your child.second if you want judicial separation from the court that can also be filed accordingly.divorce can also be filed and permanent alimony can also be granted for you and child.
Helpful?
Adv. Vibhor Maheshwari
Dehradun | 25+ Answers
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