Husband is not fulfilling his responsibility

782 votes

You can seek maintenance under Sec 144 BNSS and file complaint under BNS provisions on cruelty along with Domestic Violence Act for protection, residence & monetary relief. Divorce can also be sought on cruelty grounds.

Advocate Pankaj Bajaj LawRato

867 votes

Your situation amounts to economic abuse and mental cruelty under law. A husband is legally bound to maintain his wife irrespective of his personal loans. You can file a case under Section 125 CrPC and claim monthly maintenance based on his earning capacity. Taking loan in your name and not paying it, preventing you from doing a job, interfering with your employment and creating daily disturbances due to alcoholism are all recognised forms of domestic violence. You should file a complaint under the Protection of Women from Domestic Violence Act where you can seek: Monthly maintenance Protection from harassment Right to work without his interference Residence order If the loan was taken using your documents without proper consent, you can also raise dispute before the bank and mention coercion in the DV complaint. Further, continuous fights, alcoholism, financial neglect and restriction on your independence are valid grounds of cruelty for divorce. First secure maintenance and protection, then you may proceed for divorce.

Advocate Utkarsh Mehta LawRato

530 votes

Madam, From the facts stated by you, your husband’s conduct amounts to mental cruelty and economic abuse. You have the following legal remedies under Indian law: 1. Maintenance (Financial Support): You can file an application under Section 125 CrPC or under Section 20 of the Protection of Women from Domestic Violence Act, 2005 (PWDV Act) seeking monthly maintenance. A husband is legally bound to maintain his wife if she is unable to maintain herself. 2. Domestic Violence Case: Stopping you from working, taking loans in your name without responsibility, creating constant harassment, and alcohol-related misconduct fall under “economic abuse” and “mental cruelty” under the PWDV Act. You can seek: Protection Order Residence Order Monetary Relief Compensation for mental harassment 3. Loan Taken in Your Name: If any loan was taken fraudulently or without your free consent, you may: Lodge a police complaint for cheating/misuse of documents (if applicable). Inform the concerned bank/NBFC in writing that you are not liable if signatures were misused or obtained under coercion. 4. Right to Work: Your husband cannot legally restrain you from doing a job. You are an independent legal person with full constitutional right to work and earn. 5. Divorce (If You Wish): Continuous harassment, alcoholism, financial irresponsibility, and cruelty are valid grounds for divorce under the Hindu Marriage Act (if applicable to you). I would advise you to first gather all documents relating to loans, income details, and any evidence of harassment (messages, recordings, witnesses). If the situation is unsafe, you may also approach the nearest Women’s Cell or Protection Officer. You are legally protected. Do not tolerate financial and mental abuse silently.

Advocate Jayant Acharekar LawRato