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Author Topic: What can I claim?  (Read 1187 times)

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Offline Docroyallymessed

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What can I claim?
« on: May 12, 2016, 11:11:03 AM »
My husband and I have been married two years and have a girl baby. Due to ill treatment in his house since I conceived I have been living in my parents house begging my husband to come separate from them and live as a nuclear family. He refused then and is still refusing. He has recently initiated counselling for us and had told a common friend that whatever the outcome he is willing to face me legally. I have not initiated anything nor have I been wanting to. Till date my husband has not supported me financially either. My sister in law lives with her husband with my husband's family.
I don't want a divorce. I want my husband to come out. I am worried this counseling is a means to the end for him to get a divorce. Please advice. I am very worried.

Offline adv.amarnath

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Re: What can I claim?
« Reply #1 on: May 15, 2016, 05:41:24 AM »
It is a situation where you have to take decision and set up your mind accordingly. Now, when your husband became so desperate then you should have understood what is his intention. Further I would like to state that it is not possible to force your husband to stay separately. You have either options either to leave him or to bear his temperament.

If you have decided to leave him then you have to take legal initiative right now otherwise it will be too late to get justice atleast. You can claim for maintenance for you as well as for your child also and court will definitely allow your prayer for maintenance.

For further clarification and consultation in details you can contact me.

Amarnath Sanyal
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Mob - 09830303322

Offline advjaibansal

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Re: What can I claim?
« Reply #2 on: May 16, 2016, 10:57:44 PM »
Dear Ma'am,

You certainly cannot claim legally that your husband leave his parents and come and stay with your separately. Its totally up to your husband, whether he wants to live with you in separate house or not. There is no legal provision to this aspect that can be claimed under the provisions of law.

You may claim, maintenance, residence, divorce, alimony and dowry harassment etc under law in different provisions and different act. Please try to compromise with the situation and stay happily as there is no solution to your problem if husband is not willing to stay separate with you from his family.

jai bansal
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Supreme Court of India
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Offline rajgopal sripathi

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Re: What can I claim?
« Reply #3 on: May 17, 2016, 03:48:02 AM »
I understand.
since your sister in law and her husband are also staying with you , it might be slightly uncomfortable given that there is a shared household and also lack of privacy.
Legally  there is no law stipulating that husband and wife should live separately.
It is only a matter of time, diplomacy,  little bit of patience and perseverance from your end that can ensure that your husband, you and your baby girl soon start living together.
You should make your views very clear (on nuclear family, privacy issues, shared household etc) during the counselling.
Do not worry at all as in today's world, what ever you are asking is a reflection of the way the society has evolved.
Also be aware that there are no grounds for divorce to be filed by your husband as long as you attend counselling and make your views crystal clear to your husband. 
Rajgopal Sripathi

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