My husband has kept all my gold as loan in muthoot since 3 years , is emotionally unavailable and controls finances. He seems to be least interested in maintining this marriage and i want to know my rights as i am dependent on him under hindu marriage act
There are relieves available in your case you can file a petition against him you may get two three relieves and court will also direct your husband for the same. You will get your answer by filing such petition whether he wants to live with you or not and in both cases he is liable to maintain you.
Dear Madam,
I have perused your concerns regarding your husband’s conduct and your dependent status in the marriage.
Please note the following legal position under the Hindu Marriage Act, 1955 and allied laws:
Right to Maintenance:
As a legally wedded wife, you are entitled to claim maintenance from your husband under Section 24 and Section 25 of the Hindu Marriage Act as well as under Section 125 of the Code of Criminal Procedure, 1973.
The quantum will be based on his income, standard of living, and your reasonable needs.
Right over Stridhan (Gold/Ornaments):
Your gold and jewellery given to you at the time of marriage or thereafter constitutes your stridhan, which is your absolute property.
Even if your husband has pledged the same with Muthoot Finance, you have the right to demand its return. Non-return of stridhan may amount to criminal breach of trust under Section 406 IPC.
Protection from Harassment/Control:
Emotional neglect, financial control, and denial of access to your own resources may constitute domestic violence under the Protection of Women from Domestic Violence Act, 2005.
We have to file a case and approach the Magistrate for protection, residence, maintenance, and return of stridhan.
At this stage, I would advise you to gather all documents related to the pledged gold, your marriage, and your husband’s financial status. Based on this, we can initiate appropriate proceedings to safeguard your rights and secure your financial independence.
Dear Ma’am,
You can go for filing of either the Domestic Violence act or for the Maintainance under CrPC 125. Both the case will secure a maintenance and other benefits as eligible. In addition to that you can also file for divorce with your partner.
You have important legal rights under the Hindu Marriage Act as well as other laws for protection and maintenance. Since you are dependent on your husband, you can seek maintenance and financial support through court, and his act of pledging your gold without consent can also be challenged. His neglect and emotional unavailability may amount to cruelty, which is a valid ground for divorce or legal remedies. You can also claim back your gold and secure your right to residence and livelihood.
The exact legal strategy will depend on your facts and evidence, but you certainly have strong remedies available. I can guide you with the detailed process and best possible steps tailored for your case. Please contact me for detailed information.
Hello
if you are dependent, yes you can ask for maintenance
you can file a petition of maintenance
you have the remedy to file a domestic violence case
you have all the legal remedies
warm regards
Rahul Kumar Singh
advocate
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