Can mental cruelty support maintenance and alimony claims?
My husband was running a business and incurred substantial debts and loans. He has taken loans against jointly owned family property and has also pledged gold for obtaining loans. I would like to know how I can recover my streedhan, including gold and other valuables belonging to me. Further, if I can establish that I was subjected to mental cruelty, harassment, and emotional distress due to my husband's financial problems and conduct, would I be entitled to maintenance or alimony? What factors will the court consider while deciding such claims, including the financial circumstances of both families?
Streedhan, including gold, jewellery, and gifts received by the wife, remains her exclusive property and can be claimed back regardless of the husband's debts. If your streedhan has been retained, sold, or pledged without your consent, you may seek its recovery through appropriate legal proceedings. If you can prove mental cruelty, harassment, or neglect, you may also claim maintenance and, where applicable, permanent alimony. The court will consider the income, financial condition, needs, and circumstances of both spouses while deciding such claims. For further legal assistance contact us on our helpline number.
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