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My husband fights after drinking and demanding divorce

Shivendra Pratap Singh

Advocate

31/05/2021

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I had a love marriage in 2012. My husband was into the hotel business but later left and started looking after his fathers property which is a boy’s hostel. He has gotten into drinking and bad company. Fights for small things, we stay in his elder brother’s house. My husband has no property in his name. Whenever I have quarrels my husband fights after drinking and demanding divorce. Sometimes he fights with his brother’s wife and he asks me to leave the house or go to my parents house. He says I can’t stay seperate as I don’t have anything.

He asks me to give divorce if I say I want to do a job. His family members support him. I have two children which have been adopted by my brother in law in the year 2016 so my father in law tells my husband to abandon me and the children will stay with them. As I have no right on them. Please advise what I can do? My husband and his father know that if tomorrow I approach the court I cannot do anything as nothing is in my husband’s name.

Question from: Madhya Pradesh

You are a legally wedded wife. Your husband and his parents have misconceived the fact that after adopting the child you have no legal right. In this situation you can claim maintenance from your husband. You can seek alternate accommodation at the expense of your husband. Your husband cannot claim divorce because there is no fault from your side.

Maintenance

Section 125 of the code of criminal procedure (CrPC) empowers the destitute wife to claim maintenance from her husband. When the husband neglects or refuses to maintain his wife then the wife can file a complaint under section 125 CrPC for monthly maintenance. Your husband cannot evade himself from paying maintenance because he is jobless or has no property. 

The law presumes that an able husband can earn and feed his family. Therefore, when you file that complaint no need to prove that your husband has not been earning. Maintenance is the utmost liability of the husband and he must discharge this liability if he is physically and mentally fit. 

Husband fights after drinking

Your husband used to fight after consuming alcohol. He is committing violence in a shared household. Your husband has no house, his elder brother has adopted his children. Your in-laws are also living with you in this house. Hence, this house is a shared household within the provisions of Domestic Violence Act (DV Act). 

You are a victim of domestic violence. In this situation you can claim separate accommodation. The court may direct your husband  to provide an alternate accommodation and bear its expenses like rent etc. This house is not safe for your life and limbs. Hence, you should file a complaint under section 12 of the DV Act and seek alternate accommodation

Your husband cannot claim divorce

Your husband used to fight on petty issues in the state of intoxication. He is planning to divorce on the educement of his parents. The whole circumstances are proving that your husband is guilty of cruelty. You have been performing matrimonial obligation and there is no fault from your side. Hence, your husband cannot seek divorce because the conditions of section 13 of the Hindu Marriage Act do not meet. You should initiate legal proceedings as soon as possible and don’t cause delay in fighting for legal rights.

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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