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How to file for divorce and claim maintenance from husband


26-Apr-2023 (In Divorce Law)
I blong to hindu family.I m 56 yr old lady and got married in 1980.My husband is now a retire person.He was in CISF.From the 1st day of marriage he used to physically abuse me.Used to beat me with iron rods.I tried to leave him but my family never supported me and my 3 children were so young tht I couldn't take any step and frm past 8-10 yrs he used to stay in barracks so not suffered severe physical abuse but now as he got retired and living with us everyday he is creating chaos.He comes home after drinking and threatens me and my two children ( son and daughter).We just tell him to live peacefully but he always says as he is the guardian of the family,he can do anything.He is mentally harassing us.I suffered a brain stroke last year and have multiple artery blockage.He is not contributing financially.I just want to live rest of my life in little peace so want to live seperately frm him but if I get seperated am I get any maintenance frm my husband? And how shld I proceed for this?
Answers (5)

Answer #1
919 votes
There are two wings of divorce.Mutual and contested.when both the spouse are willing to disolve their marriage,they can jointly filed a petition u/s 13(B) of Hindu Marriage Act.where one party is seeking divorce and another party is no seeking divorce,they can file a contested divorce for cruelty,desertion or other ground as stated in Hindu Marriage Act.
Answer #2
890 votes
Madam, I feel very sorry to hear your situation. Yes, you are entitled to maintenance and your children (upto 18years) are also entitled to maintenance. In fact there is a guarantee that you will get maintenance and also a separate place to stay if you so desire. Please call if you have any questions.
Answer #3
859 votes
Yes you are entitled to get divorce and maintenance from your husband. If your husband agrees to give you divorce then you will get divorce under section 13B of the Hindu Marriage Act, if he does not agree then you will get divorce under section 13A of the Hindu Marriage Act and Maintenance along with the application for maintenance under section 125 of the CRPC.
Answer #4
652 votes
My humble respects to you,

Do you nature of work, it can be classified as a professional hazard. I would suggest you first undergo counselling sessions with the ESIC department for mental well being and then take a call. I express my inability to advice further on the matter.

BEst
Answer #5
631 votes
Absolutely you can get maintenance from your husband and also for your unmarried daughter if any as also for minor son if any. Before being part get all your valuable belongings within your safe custody and also try to obtain a copy of the Last salary slip of the husband also the photocopy of the Pension book of your husband and don't let your husband know you are leaving else you may suffer physical assault as well as you have said. However being in a safe custody, file an FIR if you want him to be punished, under Section 498A and 406 as also Section 323, 325 for the assault he inflicted you. Irrespective you file the crimin al case, you file the case under Section 125 CrPC for maintenance also under Section 12 and other Sections of the Domestic Violence Act. All the best. Regards

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