Legal Question in Family Law in India
My husband has filed a divorce case against me in Dec.2009 on the reason of cruelty. We have been married from Jan.1999 and have a 12 yr. old son. I stayed in my husband's house even after his filing divorce since Nov. 2011. During that period we were going through various rounds of counselling, mediations etc. where my husband used to come only once and then absent himself. He used to remain alright with me for a weak or so and then start misbehaving. In fact, it was me who was taking his atrocities and living their for the sake of my child. But now I have moved out with my son and living in a rented house near my parents house. I had also filed a partition suit in HIgh Court of Delhi in January 2012. Right now we are going thru mediations. He says his salary is Rs.32000/- in hand. He told me he can give Rs.10000/- for the child and will give 50% of the house or sell a house and get my son a new house when he is 18 yrs. He is not ready to pay me rent for the house we are staying in. The house is a HUF and three floors were constructed by the three brothers after taking construction load of Rs.1500000/-. Each of them is paying Rs.6000/- per month towards their share of loan of Rs.500000/- lakhs each. I am also earning and my salary right now is Rs.48000/- gross and Rs.41000 net. When we were living together, I had been taking care of house grociers, other household expenses and he was only paying bills in cheques. LH had been very shrewd from the very beginning and I could not understand his intentions. He also misused our joint account. I used to give him cash salary which he would deposit in the a/c and then withdraw it from there. Please tell me what can I get from him towards me and my son or should I settle for Rs.10000/- per month and give him divorce and withdraw partition suit. My husband filed for child's custody only after I filed partition suit and before that he only requested for visitations. My son is least interested in meeting his father and avoids going there. What can I do in such circumstances. I have contributed towards my husband's house in cash and kind for 12 years. When they constructed the house, his salary was mere Rs.12000/- in hand and was unable to get loan on his own. He used my salary slip to get loan and now he has dumped me. Please give me genuine advice in this case.
2 Answers from Attorneys
Consult a lawyer in person with all the documents.
All the documents and case papers need to be examined in order to give an advice.
Kind Regards
Setu Niket
Advocate
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