Husband has left me and making demand of dowry

Question asked on: 02/06/2019

I am living separately because my husband has left me. One year has gone, but my husband doesn’t want to give alimony or bear my expenses. He is using my ATM also for his purpose as well as demanding dowry from me. What could I do?

Advised by: Shivendra Pratap Singh,

First of all, you should block your ATM and file an FIR against him for the offence of dishonest misappropriation of property and criminal breach of trust. You may lodge an FIR under section 403 and 406 of the Indian Penal Code (IPC). He has no right to withdraw money through your ATM. If he did so without your consent, then he has committed the offence of dishonest misappropriation of property and criminal breach of trust.

You have the right to get alimony from your husband. It does not matter that he is willing to give maintenance or not. Section 125 of the Code Of Criminal Procedure (crpc) mandates that if the wife is living under destitution and her husband refuses or neglects to maintain her, then she has the right to claim maintenance.

You may file an application before the first class magistrate under section 125 crpc for maintenance. Your husband has left you. Hence, you have sufficient reason to live separately. If the wife has sufficient reason to live separate, then the husband cannot refuse to maintain her. He cannot compel his wife to live a miserable life.

You can also initiate a legal proceeding against him if you have enough evidence to prove that he has demanded dowry. Demand or dowry is a punishable act under the Dowry Prohibition Act. It does not matter that he demanded dowry after solemnisation of marriage. He committed an offence under section 498 A IPC if he committed any cruelty in respect to the fulfilment of demand of dowry.

Ask Your Question

Shivendra Pratap Singh

Advocate, Lucknow

Advice: 16931

Consultation: 3367

Stepmother is entitled for maintenance under section 125 crpc

I am a destitute lady; my husband died in the year 2000. My stepson is refusing to maintain me, and I have no child. Can I claim maintenance from my stepson?If the mother is living under destitution, she is entitled to maintenance under Section 125 of the Code of...

Divorce under Hindu marriage act

How many ways a Hindu marriage could be dessolved? Divorce came into force with the codification of The Hindu Marriage Act 1955 (HMA). First time recognized divorce under Hindu marriage act. Before 1955 divorce was not recognized in Hindu law except by some custom...

Husband refuses to maintenance due to unemployment

If the husband is unemployed still he is bound to maintain his wife. It is the paramount duty of a husband to maintain his wife unless he is unable to earn due to his physical or mental infirmity. The wife can claim maintenance from the husband if he deliberately refuses or neglects to maintain her.

Registration of marriage

What is procedure for registration of marriage under Hindu Marriage Act? Registration of marriage is a mode of proof of marriage. On adducing the registration certificate of marriage, it may be presumed by the law that marriage is deemed to has taken place. There was...

Divorce by mutual consent

Mutual consent of divorce under section 13-B of the Hindu Marriage Act. Section 13-B, Hindu Marriage Act: Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to...

Husband has left us from 10 years

My son is 6 years old and he is studying in class 1, I’m not a working lady. My husband has left us for 10 years and he also not taking care of us. I’m unable to maintain my family. We are living in rented flat and my father has been paying the rent and fulfill some...

Does Hindu marriage sacrament or contract

Does Hindu marriage sacramental or contract? It is now subject of debate that Hindu marriage became a contract or still sacrament. We are living in a new era which is the result of the industrial revolution, the most significant contribution of the industrial...

Legal validity of Sagai or Betrothal

What is the legal validity of sagai? Sagai or Betrothal is a contract of marriage. According to Manu when a girl a is promised in marring to one man, the good men do not give her in marriage to another man. Sagai or Betrothal is a contract of marriage. According to...

Divorce on irretrievable breakdown of marriage

Irretrievable breakdown of marriage is prevalent in US. Does Hindu Marriage Act enumerate it as a ground for divorce? Irretrievable breakdown of marriage is not a valid ground of divorce under section 13 of Hindu Marriage Act 1955 so divorce can not be granted only on...

Second application under section 125 crpc for maintenance

Sir, I refused to live with my husband due to deliberate demand of dowry and act of cruelty. I filed a maintenance case against him under section 125 of CrPC then court granted maintenance. My husband approached my family to reconcile the dispute and convince me to...

quick Advice

Get A Quick Advice

Book an appointment for 15 minutes and consult with an expert over the phone within minutes

Talk to Advocate Shivendra

Book a phone consultation for 30 minutes and get solid advice on the phone

Book it Now