Legal Question in Family Law in India
After 4years of my marriage I delivered a baby boy. 7 months later one girl calls me n asks me to get out of my husband's life as she is having an affair wit my husband.. when I confronted this to my husband he became very abusive n indifferent.. last year at February, my husband's gf saw me n hit me in front of my husband. Thn my husband n myself filed an NCR. After filing NCR my husband became more violent n threw me out of d house wit my baby. N is not even paying us a rupee since thn, no contact wit him nor does he calls to check abt our sons well being. I was staying at my parents house. We tried a lot of times to spk wit my husband n my in laws. But thy always said, My husband is very angry n wants some time. After 8 months we gave a letter to a local area masjid for counselling. My husband said to me, give khulla or else I'll only bid fr time n keep u hanging like this.. but will never leave u nor take u.in masjid he took time n gave a complaint to police stating I hav ran away frm home n may file a false complaint. Whn d police contacted me.. I told thm this is false n am ready to go to my marital home. Whn thy tried calling my husband he came after a month wit a bail. And he said I'll go through court. Meanwhile d police asked to me stay in my in laws place. It's been 2 months he hasn't come home nor does he take my calls. We went to a lawyer. He said he will Cal my husband and speak.. after speaking to my husband my lawyer said.. hav patience he wants u bac.. next week we ll have a counselling session I will patch u up. But frm one month my lawyer says have patience. I am confused as my husband is not even taking our responsibility . My son is now 2.3 yrs. Plz help me to how I should go abt it. Wat r my rights. Thank u
1 Answer from Attorneys
Counselling will help only if husband is serious. You have to know what is the status of his relationship with gf. If he is still in relationship then how is he going to justify. He may then eye wash for the sake of police but then may continue to create problem. In my opinion you have to ensure your economic security first and ask for maintenance for both your child and yourself. If he agrees then continue counselling. You have a valuable right in filing a claim under Domestic Violence Act.
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