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Asked August 22, 2019

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I got married in kolkata in the year 2008. Ours was an intercaste marriage, so my family never accepted him. I couldn't give any dowry at the time. My husband loved me a lot and my in-laws arranged for a social function. After the wedding, I realized that my in-laws never really accepted me as a family member. They wanted a daughter-in-law who can work and contribute financially. So ever since the wedding, I never got my husband's salary. I had to take care of my financial needs myself.. While my husband gave his full salary to my in-laws. They didn't want me to get pregnant too, so I could keep working. Since then I had 2 major brain tumor surgeries and multiple abortions. I was not allowed to contact my family and forced to keep working to maintain my expenses. Unfortunately in 2016 I met with an accident and broke my leg. That's when I was terminated from my company. After I became jobless my husband immediately abandoned me and went to Dubai for work. He is now asking for divorce stating that he wants a healthy wife who can support him and his family both physically and financially. My question is can I claim for maintenance from him, considering, I don't want divorce and he is earning almost Rs. 66000 pm. And I'm living a life of a beggar.

Answer 1

if you want to remain in the matrimonial relationship, then, 

try to settle the matter amicably with your husband involving elders/relatives/friends etc and start afresh, and if, failed, file Restitution of conjugal rights petition in the Court,


if you want to terminate the matrimonial knot, then, 

try to settle the matter amicably with your husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,

don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,

some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.

if failed, you are advised to file/claim

498a complaint (for causing mental, emotional, physical and monetary abuse, etc) 

Domestic Violence case (for causing mental, emotional, physical and monetary abuse, etc)

you have rights to claim residence, protection, compensation, etc

maintenance claim,

if you do not want to opt the divorce presently, you can ask for judicial separation also, 

from the facts stated by you, my advise is to go for Domestic Violence case

Call/mail for a detailed discussion/understanding

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