Legal Question in Family Law in
i got married on 19jan2004 n got blessed with a daughter on 10th dec 2005 now she has completed 5 yrs.after getting tortured by my husband and inlaws my family n myself have got a FIR done against them. 498a 504 506 ipc dowry also have been put again my husband my MIL and my brother in law. after 40 days of the fir these people have taken stay from the court. my husband has not called me even once, not even for the child but he has made his relatives call for compromise. he has haressd me v badly n made my life hell since 7 years. he dsnt give me any money, frustrates me n my child for basic needs.its an intercaste marriage also. i m sc n he is uppercaste.it was love cum arrangd marriage. my father is a pcs officer.i want to know wht all can happen in my case now. i m very much tensed. my innocent child is also suffering. my husband is an alchohalic n he dsnt do any work also..some times he is working but he cant earn regularly because oh his habits. so what should i do now,. my father wants me to compromise n live with such a boy and wicked family..i cant understand what to do??? plz help out...
2 Answers from Attorneys
This is your life and decide what exactly you want to do with your life . Do you want to live with your Husband or not ? You have lot of rights under the law . You can proceed under the Domestic Violence act for maintenance and residence .
A) You should pursue the criminal case filed by you against your husband and in-laws;
B) You may consider filing for divorce on the ground of cruelty and
C) You may claim maintenance from your husband and his parents' (Joint family) property, if any, for yourself and your child.
You may also claim the relief at B and C above under Domestic Violence Act.
It is no use living with such a man whom you do not respect and who is not able to discharge his marital duties with responsibility. Therefore, you should persuade and convince your father to support you for separation and for raising your child properly.
For further help, if required, you may write me e-mail with details.
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