What cases can I file on my estranged husband who harasses me fr money

I have been married since 7 years and have a 3.5 yrs old daughter. i am separated from husband and staying with my mother since last 2 years.

My husband does not meet, does not give any maintenance, does not meet the child. He also keeps harassing me for money.

What all cases can I file. Can these cases be filed simultaneously?

Answers (1)

119 votes

Assuming you are Hindus,

The following legal remedies are available to :

1. You can file a complaint in the women cell about your husband's action.

2. You can file a divorce case under section 13(1)(ia) and 13(1)(ib) of the Hindu marriage act which deals with cruelty and dessertion respectively.

For your understanding under the Hindu Marriage Act, 1955,

Section 13. Divorce: (1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party -
             (ia) has, after the solemnisation of the marriage, treated the petitioner with cruelty; or
             (ib) has deserted the petitioner for a continuous period of not less than two years immediately preceeding the presentation of the petition; 

3. Along with the divorce, you can file for maintenance for you as well as your child under Section 18 of the The Hindu Adoptions and Maintenance Act, 1956.

4. You can also file a police complaint against your husband under section 498a of the indian penal code for harassing you for money.

Now regarding your second query,
Yes these cases can be filed simultaneously.

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