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Husband problem he always disputes with me .i want to live separate.
26-Mar-2025 (In Family Law)
i am a married person female i married a guy that inter-caste i have two kids.boy is 9 yrs and girl is 5 yrs.14 yrs of my marriage life struggled a lot only problem is starting dowry he asked and then he addicted to alcohol daily drinking not going to proper job then daily drinking and fighting in house with me with very bad words.i cant tolerate now a days i have to live with my parents.my parents are very poor family. now my mind and thought not ready to accept him to living life with him.
Legal Remedies Available
1. Divorce (Under Hindu Marriage Act, 1955 or Special Marriage Act, 1954)
Since she no longer wants to live with her husband, she can file for divorce on grounds of cruelty, desertion, and habitual intoxication (under Section 13 of the Hindu Marriage Act).
2. Protection from Domestic Violence (Protection of Women from Domestic Violence Act, 2005)
She can file a case under this Act for protection orders, residence rights, monetary relief (maintenance), and custody of children.
A protection officer will help her get relief from the court.
3. Maintenance (Under Section 125 CrPC & Hindu Adoption and Maintenance Act, 1956)
Since her husband is not supporting her financially, she can file for maintenance under Section 125 CrPC for herself and her children.
The court may direct her husband to pay monthly maintenance even if he is unemployed.
4. Dowry Harassment Case (Section 498A IPC & Dowry Prohibition Act, 1961)
If she was harassed for dowry, she can file a police complaint under Section 498A IPC.
This can lead to criminal action against her husband.
5. Custody of Children
She has a strong claim for custody of her children under the Guardians and Wards Act, 1890, as the father is financially unstable and addicted to alcohol.
Next Steps for Her
1. Consult a local advocate – To initiate legal proceedings.
2. File a police complaint – If she is facing any threat or abuse.
3. Approach the Women’s Commission – They can provide counseling and legal support.
Helpful?
Adv. Vishwas
Dharwad | 25+ Answers
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Dear Madam,
If you are liable to earn your livelihood then stay in your parents house with your kids. If possible file a simple case for monthly maintenance for your children for monthly maintenance. Unnecessarily not to approach the Court for Divorce. If your husband agree for Mutual Divorce with some alimony then agree for it.
Helpful?
Adv. Kishan Dutt Kalaskar
Bangalore / Bengaluru | 500+ Answers
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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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