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Husband has left me and making demand of dowry

By Shivendra Pratap Singh

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?

Question from: Jharkhand

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.

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