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Hi, I am a married women from past 3yrs, I am facing lots of understanding, communication & compatibility issue from my husband. We both are not having any extra marital affair. I have decided not to divorce him but I want to live in a separate house, for this I want to file a case so that my husband have to pay some of my expenses like house rent etc. Offcorce he is disagree with this. I need to know is there any possibility or a law available for this concern??
Question
Hi, I am a married women from past 3yrs, I am facing lots of understanding, communication & compatibility issue from my husband. We both are not having any extra marital affair. I have decided not to divorce him but I want to live in a separate house, for this I want to file a case so that my husband have to pay some of my expenses like house rent etc. Offcorce he is disagree with this. I need to know is there any possibility or a law available for this concern??
Answer ( 1 )
In your fact situation, if you leave your husband and live separately then you may file case under section 125 of crpc claiming maintenance from the husband. But are you earning? and how many children involved in the marriage? there are lot many questions that needs to be discussed before you get a clear advice on your fact situation. In general any women leaving the company of the husband without any reasonable cause is not permitted to seek maintenance under the law. there needs to be a reasonable cause which may include an apprehension of threat to your life, domestic violence, dowry harrassment, cruelty, etc as valid reasons for the separation between the husband and wife. Under section 125 crpc, though it is the legal duty of the husband to support the wife and children and provide maintenance for them however that can be denied by the Court if the Court is of the opinion that there was no reasonable cause for the wife to leave the company of the husband and live separately. Kindly seek proper legal advice after explaining the entire factual situation. You may schedule a call with the experts at the Instalegal team as well via chat or whatsapp.