How to get abusive husband to pay maintenance every month?


I don't know what to do as my husband is really abusive and he beats me like anything sometimes. I have 2 daughters and if I leave my husband then I have to relocate at my mothers place & have to leave my job.

 

So what can I do to raise my children and also how can I ensure he provides for the maintenance for the children's education & living etc. every month?

 

Answer

 

We are sorry to hear about the atrocities being faced by you and your daughters at the hands of your husband.

 

In such a scenario, you can claim various reliefs provided under Protection of Women against Domestic Violence Act inter-alia, maintainance, restraining orders, free ingress and egress as well as maintainance under Section 125 of the Code of Criminal Procedure.

 

You and your daughters can seek maintenance under any of the two legislations. You shall be provided an interim maintenance till the time your petition for maintenance is finally adjudicated.

 

You can also get registered a complaint for mental as well as physical cruelty against your husband under Section 498 A of the Indian Penal Code or Protection of Women Against Domestic Violence Act in the Crime Against Women Cell. 

 

You can also if you want seek divorce from your husband on the ground of cruelty under the Hindu Marriage Act.

 

Cruelty under Section 13(1)(ia) of the Hindu Marriage Act 1955 has been explained below:

 

Under Section 13(1)(ia) the term cruelty includes mental as well as physical cruelty. Mental cruelty has been elaborated upon by the Supreme Court of India to include:

 

“Mental cruelty may consist of verbal abuses and insults by using filthy and abusive language leading to constant disturbance of mental peace of the other party. The Court dealing with the petition for divorce on the ground of cruelty has to bear in mind that the problems before it are those of human beings and the psychological changes in a spouse's conduct have to be borne in mind before disposing of the petition for divorce. However, insignificant or trifling, such conduct may cause pain in the mind of another. But before the conduct can be called cruelty, it must touch a certain pitch of severity. It is for the Court to weigh the gravity. It has to be seen whether the conduct was such that no reasonable person would tolerate it. It has to be considered whether the complainant should be called upon to endure as a part of normal human life. Every matrimonial conduct, which may cause annoyance to the other, may not amount to cruelty. Mere trivial irritations, quarrels between spouses, which happen in day-to-day married life, may also not amount to cruelty. Cruelty in matrimonial life may be of unfounded variety, which can be subtle or brutal. It may be words, gestures or by mere silence, violent or non-violent.”

 


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