Husband refuses to give divorce but also won't support me
26-Apr-2025 (In Divorce Law)
I'm hindu female. Love marriage. I was 3 months pregnant when we married. Husband and inlaws abandoned me within a month of marriage because he had debts and he couldn't spend for me. Under my father's care I gave birth to my boy now 2 yrs old. My husband will not give me divorce(he will say he needs us) but he is not willing to support me or my son. Till now he lives with in laws.How to handle this problem
S.Gunasekar Advocate Answer.
File a case for maintenance under Section 125 CrPC for financial support, and if needed, also file for child custody and domestic violence protection. You can live independently without waiting for him. Ignore his false promises and secure your and your son's future legally.
Would you like me to tell you the exact steps to file it?
We can file a RCR petition before the appropriate family court and followed by a Maintenance claim petition before the same court. The Court will definitely grant you the relief you seek for maintenance. The maintenance may be payable monthly or one time settlement, what ever you feel is legit for your family.
P.S. do contact me for further assistance
Madam,
Based on the facts that you had given, you can file for divorce if he is not cooperating.
Your husband shall be put into a position to confirm his stand.
Additionally if you prefer, you and your son shall also file asking for monthly maintenance from your husband.
Hope your query is answered.
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.
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