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Husband has left us from 10 years

Shivendra Pratap Singh

Advocate

21/09/2015

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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 a rented flat and my father has been paying the rent and fulfil some financial requirements. 

I’m puzzled and decided to commit suicide. Nothing is left in my life. My husband ruined my life completely. I never attained any function of my family because everyone asking about my husband. Sir, please suggest to me what I do to come back from this condition.

In this condition, you should secure your financial requirements first thereafter you may file other cases like divorce petition, restitution of conjugal rights or cruelty case under section 498 A IPC.

First of all, you should file a complaint under section 125 CRPC for maintenance of your child and yourself and compensation order under the domestic violence act. It is the utmost liability of the husband to maintain his family. It does not matter whether he is working or not. In every condition, he is liable to maintain his family.

After the filing of the complaint, you should pray for interim maintenance for the fulfilment of the requirement of contesting the case and other expenses. The court is bound to make an order for interim maintenance within 60 days from the date of application. However, it is civil nature proceeding but it is provided in the criminal procedure for better and swift disposal of maintenance-related cases.

In Rajeev Preenka vs Sanjeev and others AIR 2009 DEL: justice in the real sense should be done to an Indian wife who is in dire straits and unable to survive with her child for want of economic means of subsistence.

In Gaurav Sondhi vs Divya Sondhi AIR 2005: it is directed by the court that “The Court must ensure that the orders of maintenance are not mere rhetoric and are meaningful and effective and give real sustenance and support to the destitute wife and/or the child.”

In Radhika Narang & Ors. v. Karun Raj Narang & Anr 2009 DLT: The very purpose of interim maintenance is defeated if it takes about 3 years, as in the present case……in matrimonial disputes, the interim maintenance and custody issues deserve the most expeditious disposal.

In the light of above-mentioned case laws, your complaint shall be entertained by the court in time and you will get appropriate relief.

It is a clear case of domestic violence. Your husband has been committing mental cruelty against you. DV Act proceeding can run concurrently with the proceeding under section 12 CRPC. Any relief available under Sections 18, 19, 20, 21 and 22 may also be sought in any legal proceeding, before a civil Court, Family Court or a criminal Court.

Even though where a woman is subjected to cruelty by her husband or his relatives, it is an offence under Section 498A of the IPC. Therefore, to provide a remedy in the civil law for the protection of women from being a victim of domestic violence and to prevent the occurrence of domestic violence in the society for the protection of women from domestic violence, the Act, 2005 has been enacted by the Parliament.

You may contact a protection officer of your district or approach a woman cell for better co-operation throughout the case.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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