Need separation & Maintenance from alcoholic husband

Question

► My husband is alcoholic & he is mentally abusing me every 2nd day. He drinks for 4 to 5 days in a week. If he is sober then he behaves positively but once he is drunk - he threatens me to beat, provokes me to fight. He is not stable or never been stable in his career in past 13-17 years & I have handled every expense before & after marriage for his head to toe, home furniture, electronics, etc etc. From past few months since I lost my job - he is not properly giving me money to handle household expenses, he reminds me that he is doing a favor by handling expenses and behaves that he is burdened. In past 4-5 years, I paid in lakhs on his hospital bills several times due to alcohol consumption. He stole my jewellery, money multiple times to drink & pay his debts. There are endless incidents bcoz of which Im going through hell mentally. I have a home loan (for the house bought in my hometown before marriage for my own family) & car loan (for my father), besides this - rent here in Gurgaon, electricity, maid salary, wifi, phone bills, food, dog expenses, etc are there for which I needed his support this 1st time in life. He gives money for rent plus hardly for electricity, however not for other stuff regularly because he needs money for his alcohol, ciggerate & non veg food regardless of what I have done for him or handled his expenses for years n years. So my savings are getting finished. I need seperation & maintenance both till the time I get some job or set up my own business. I don't seek his money but since I have done more than enough for him, so I also seek my maintenance to survive till the time I start to earn. In my case, maintenance is bit high since I have loan EMIs besides regular household expenses. Please suggest.

Answer 1

Dear Client, your situation does not only indicate marriage trouble but is indicative of a long-standing practice of financial exploitation, emotional abuse, and domestic violence, and legal measures can be taken to solve such problems related to separation, protection, and maintenance.

Regarding your question about the reasons for separation and divorce, the reason of habitual alcoholism that causes loss of mental faculties and acts as a cruel act is one of the reasons that can be cited for divorce as stated in section 13(1)(ib) of the Hindu Marriage Act. Threats, provocation, theft of your jewelry and money, and overall financial irresponsibility of your husband over a period of 13 to 17 years amounts to the worst case of marital cruelty.

In regard to maintenance, as per the provisions of the Hindu Marriage Act section 24, interim maintenance can be claimed from the first hearing itself when the proceedings are pending. There is no need to wait till the end of the case.

Since you have been the primary financial contributor throughout the marriage and are currently without income, courts view such cases particularly sympathetically. On your concern that maintenance should cover EMIs courts in Gurgaon and across India do consider the reasonable financial obligations of the claimant including loan EMIs when determining maintenance quantum. Present a detailed income expense sheet before the court, including your home loan EMI for your property, the car loan for your father, rent, and all household expenses.

On the question about the theft of jewellery, this is your streedhana under section 14 of the Hindu Succession Act and its theft by your husband constitutes criminal breach of trust under section 316 BNS. I will advise you to file a police complaint specifically for theft of jewellery and money. This creates a criminal record of his conduct that strengthens your civil proceedings simultaneously. Also file a complaint under the Domestic Violence Act before the magistrate for financial abuse and mental cruelty. This entitles you to immediate interim monetary relief even before the full divorce case concludes. You can anytime contact the Haryana State Legal Services Authority for free legal aid since you are currently without income.

I hope this helps, and if you have any further issues, do not hesitate to contact us.

Need separation & Maintenance from alcoholic husband

1 Answer