maintainance from husband

Question

► I Mrs. Prava Singh beg to state here that i had to escape from my husband from bihar to kolkata 40 years ago in pregnency due to excessive physical & mental abuse by my husband & inlaws.specially repeatative times of attempt of molestation by my father in law.i requested to my husband & mother in law to forbid him but they did not care or supported me.I started to stay at kolkata with my mother & sisters.after the birth of my son my husband never came to see or taking us back to bihar.not even took any financial responsibility of our son.more over that without informing me or giving me legally divorce he married second time.started conjugal life & became father of 2 sons & 1 daughter.i could not able to take any action against him because of lack of manpower.after few years we came to know that i got affected by intestial lungs diease that means almost 70% of my lungs got damaged.though my treatment is operating from govt hospital but the other expenses l is becoming difficult to bear for my son.so he requested his father for monetary contribution for my treatment.but my husband refused.we have decided to go bihar & request my husband once again to give my son his property share from their ancestral property for continuation of my treatment.we went to bihar on 14 dec 2025.they allowed us to stay there but never took proper care.after several request not even provide for me medical check up or medicines.seeing my condition my son urged to local panchayat to solve this matter.but their decision was disappointing for us.we appealed to several authorities to bihar for seek of justice.but got no result.more over they compelled us to leave their house.then we decided to come back to kolkata i just want that my son should get his ancestral property share & the streedhan of mine ( jewellery given by my father at the time of marriage). Hence it is a humble request to you to help me to get justice about this matter.

Answer 1

Dear Client,

Based on your legal query, I suggest that as per your case, you are a legally wedded wife of your husband and your son is the legitimate child. So, your son can claim for the ancestral property of your husband because he is the only legitimate child as the marriage between the parties are not dissolved.

You have the legal right of obtaining your stridhan because it belongs to you and if your husband's side refuses to give you then you can file a criminal complaint under Section 316 Bharatiya Nyaya Sanhita,2023 for criminal breach of trust.

As you are the wedded wife of the your husband so you can claim for maintenance under Section 144 of Bharatiya Nyaya Suraksha Sanhita,2023 for your detoriating health condition.

You also have the option of filling criminal complaint under Section 82 Bharatiya Nyaya Sanhita for Bigamy as he has married twice without giving you a divorce.

Hope this helps you !

If you require detailed legal advice, discussion of your documents, or guidance regarding the further legal course of action, you may opt for a one-to-one consultation.

OLQ LAW FIRM

maintainance from husband

1 Answer