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How to take action against my husband when he doesn't fulfill his duty
23-Jul-2023 (In Family Law)
I am married since 11years. And going through physical n mental torture since than by my husband. First of all he just made physical relation with me 11-12 times in entire married life. He only satisfy himself insisting me to narrate xxx stories n deeds to him. He never gave his earning ever to me. Now he is not earning anything since nine months. Above all his behavior n way of talking is torture to me. I told him so many times to leave me but he didn't because he is not capable to work. He is a burden upon me. Please advise.
As you state he never supported you with any monetary help which is his duty as a husband, moreso, even if he is not earning there is a provision that he has to maintain his wife being unemployed. Never say he is a burden upon you as many allegations can come against you, be diplomatic to what you state and say, if you want to divorce him ask him to file mutual divorce or draft mutual divorce and send it to you through his lawyer, if you file, he might file restitution of conjugal rights case and show he is a good husband and wants to live with you, play it the other way round, dont take any onus on you and do not document it, anything uttered verbally can be denied at any point by you. Need further detailed history, domestic violence and maintenance case you can file upon consultation with a lawyer on technicalities of relief you will get.
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Adv. Aveek Bose
Kolkata | 500+ Answers
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first of all you have to decide whether you want to matrimonial relief that is action against your husband or you want a divorce from your husband and if you want to take action against your husband then you have to file a written complaint before the nearest police station as an FIR against your husband for the reason of torturing you and he is not maintained any duty as husband and you can also file domestic violence against your husband and his relatives or family members. Otherwise you have to file a divorce petition before a district court under Section 13 (1) of Hindu Marriage Act for the ex Parte divorce. So first of all you have to decide what type of action you want to your husband.
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Adv. Tanchan
Chandrokona | 25+ Answers
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First of all you should lodged a written complaint against him regarding physical and mental torture held upon you by your husband. And in this way if you did not raise your mouth, he will destroy your life any time.
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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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