can I claim maintenance all once or have to take it on monthly basis?


My husband has been in a habit of having affairs with women since 3 years. Last time when I caught him I told him clearly that I wanted a Divorce as his deeds will have repurcusions on my sons. I have a marriage of 11 years with two sons.

 

First he agreed to a mutual divorce but now he is not agreeing to my terms of giving me the house in which we live which is jointly owned by both of us. And also I had asked for some cash to be given to me which he refuses to give in one time and says that I will have to claim it on a monthly basis.

 

What is my right in this case and is my claim appropriate?

 

Answer

 

Firstly, as you have stated that you have caught him having affairs, you can register a complaint against your husband for adultery under Section 497 of the Indian Penal Code.

 

Secondly with respect to the divorce, if he is not agreeing to your terms, then you can claim divorce under Section 13(1)(i) of the Hindu Marriage Act which states that Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party has, after the solemnization of the marriage, had voluntary, sexual intercourse with any person other than his or her spouse.

 

So you need not apply for divorce by mutual consent if you wish to. 

 

Along with this petition you are eligible to claim maintenance for yourself and your sons. This can be done under both Hindu laws as well as under Section 125 of the Indian Penal Code. 

 

On separation, the wife has right to 'Stridhan' and all jointly-held investments where she has made some monetary contributions. Stridhan refers to the woman's personal wealth and encompasses all movable and immovable properties, gifts, and everything else received by her from her parents, relatives and even from her in-laws at the time of her marriage. It can include things like cash, gift-items, jewellery, car, furniture and more. She also has a right on all gifts received after her marriage, for instance those given to her on festivals and other functions.

 

It is beneficial if you have records of the same as, if the ex-husband refuses to part with items that come under 'Stridhan', you can back them up with relevant bills and receipts whenever needed. For this, it's important that you make a list of all your assets and gets it signed by two witnesses so that there is no room for it to be challenged later.

 

If the husband still refuses, and it is proven beyond doubt that he is holding assets that legally belong to the wife, he is liable for criminal prosecution.

 

So therefore, when you file for divorce, you can specifically claim a share in the property plus either monthly or one time alimony / maintenance from your husband.

 


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Divorce Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
19 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Saifuddin Saifee
Maharani Road, Indore
18 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
19 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Articles


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Legal Services

Legal Notice / Reply to Legal Notice for Divorce

4.6 | 45 ratings
30 Min Intro call + Start to finish help
60 Min Marriage / Relationship Counselling Session by Phone

No Ratings
60 Min telephonic counselling session with an expert relationship counsellor
15 Minutes Divorce Advice Session by Phone

4.8 | 371 ratings
Ask questions and get advice from a local experienced advocate on divorce and separation
Court Marriage

4.8 | 94 ratings
Work with a local experienced family advocate to guide you through your court marriage.
File for Mutual Divorce

4.8 | 241 ratings
Get hassle-free mutual divorce for both Indian and NRI couples through experienced lawyer in your city
Marriage Registration

4.8 | 170 ratings
Get your marriage registered through an experienced local advocate in the city of your residence
Similar questions

In the case of a separation/divorce, how is the monthly maint/ one time alimony decided? My net monthly income - approx 1.5 lakh wife monthly income -…

Read More

my husband works on foreign vessels and earns more than 2000 USD per month. I am a christian and have a son from this marriage. he abandoned us both f…

Read More

I am - a nonworking 37 yr old hindu - is planning to get divorce from my abusive husband he is 39. We are married for 8.5 years and have a 6 year old …

Read More

Dear Sir, I Just want to know is there any option available to appeal in supreme court against 125 crpc maintenance case. Currently my deserted wife f…

Read More

Talk to a lawyer for your legal issue