Can I seek legal action after my husband abandoned and manipulated me?
My husband left me within 10 days of our marriage (a secret temple marriage for love). My father gifted him a wedding ring and some cash. After that, he asked for a formal marriage, but we couldn’t afford it. Then, after learning about my past relationship before marriage, he told me that the marriage was invalid. He said if I wanted to stay with him, I would have to convince my father for a formal marriage and my father would have to bear all the expenses. After we refused, he left me for 2 months, not providing anything, and has cut all contact. What should I do?
In your case, you can file a case under Section 144 of the BNSS, 2023 which allows a wife to claim maintenance if her husband neglects or refuses to support her. Since you got married in a Hindu temple, your marriage is valid under the Hindu Marriage Act, 1955, if the rituals were followed and you and your husband had both agreed. His conduct may also amount to cruelty and desertion, which are supposedly valid reasons for divorce under Section 13 of the Hindu Marriage Act, but you can look to seek restitution of conjugal rights under Section 9 if you want to make things up first. Besides, the Protection of Women from Domestic Violence Act, 2005 provides you with relief for alimony and right to residence because he has abandoned and deserted you.
Sir, in India, a marriage conducted in a temple can be valid if it is performed as per the customs and traditions of the community. If your husband is claiming that the marriage is invalid and has left you without providing support or communicating, it may be considered desertion under the Hindu Marriage Act. It is advised to consult an expert lawyer who will assist you in filing a petition for maintenance. For further legal assistance contact us on our helpline number.
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