Legal Question in Family Law in India

i got married 12 years back. within one and half years (after giving birth to baby boy) troubles increased from my in-laws family and my husband too. it roused to the extent that he tried to kill me. after the incident happened their parents did not came to my rescue or tried to know the issue.so to bring everybody together and resolve the issue i approached police. i gave a complaint and they called my husband side people to have a discussion. it did not work out.years passed. after 4 years we took divorce mutually. i took the charge of my boy. i have searched a job and was earning 30thousand per month.

after 3 years of divorce last year my ex had come with a re-union proposal to which i accepted keeping my son's future in view. before our decision i have asked him abt his past life and if he is having any other girl in his life to which he said none. beofre getting married he asked that we should have a MOU so that there wont be any problems in future. in that his point was incase of divorce again either my son or myself do not possess any right to claim his property. and old divorce decree would come into picture. i have also accepted to that. got married and registered the same.

he stays in another country. his initial plan (before marriage)was to take me and my son also but later he changed saying that it would be tough for him to handle two people in making us adjusted to the new environment. after marriage i found him to be very busy with his phone calls always. i checked his mobile and found that to be a lady's number. when i asked he said she is after him for her job. i wanted to talk with her but he did not allowed. almost for hours he used to talk with her. when i questioned him he threatened me of divorce. i joined him at his place. right from day one he was telling that he doesnot want to spend any amount on me as he is sure that we both would never stay together. and he is not interested in me but he wants his son should not stay wiht my parents. so to get the right on him he married me he said.

another shocking issue was he did not let anyone there know that he is having a son or he was ever married earlier. then i understood that was the reason he forced me to leave my son in india. for few people in his calls he would say he is still unmarried. i always found him busy with that lady's phones and video calls. after a month unexpectedly i got a chance to speak to that lady. to my surprise she told me that she is not aware of his marriage with me as she is waiting in india to marry him. he promised her of marriage and used her physically. she told so many such issues with evidences.even i found many such evidences to prove that he is a womaniser. my husband is also aware that i am talking to her. he told that he is going to stop talking to her. he did not. i could not utter a word as i was waiting for him to change himself.

one fine day i found a mail from him to another girl stating that he is coming to india and they would get married soon. he also wrote her if she is interested in talking to his parents. i was shocked. after thati came to india for my son and i came to know that i am pregnant. but to my bad luck abortion took place. he is blaming me that i along with my parents did it intentionally. infact after confirmation when i questioned him of his behaviour he openly told if i am interested i can continue the pregnancy otherwise i can drop. but i continued thinking that he will change himself.

after abortion he proposed me divorce. i asked him to send the draft to which he said we should go for mutual.from then on he started mingling much with my son. he is sending me mails stating that i should send my son alone to his place. he would send tickets. my son never travelled alone and he cannt travel alone for so many hrs i told. moreover my son was never used to my husband in his 11 years. my husband was telling my son that he would take him forcefully thru court if he is not coming there. because of that fear my son became sick.

for the past three months he is talking about divorce only.now he is ready to pay some amount to me but he is threatening me that if i file any case against him he would harm my son and spoil his career. and he is going put so many conditions during mutual divorce that my son's career would spoil.

i left my job trusting him but never there was a good environment to stay with him. still adjusted.my son is getting frustrated because of his behaviour. he would speak for hours together and he wont let to disconnect the call despite of telling that he has to study. my son is not able to tell openly that he is not interested in talking to him as i am stopping him. my husband is telling that i should repay all the amount incurred towards my son(toys choclates etc.)and also saying that he is not responsible for my maintenance. his parents are not lifting the calls i make.

please suggest me.

now my son is continuing his studies in india itself as my problem with him is continuing.i want to know what step should i take now. i am worried how to proceed against him if such scenario comes. what will be his rights against my son if we depart. please suggest me how to fix this problem.


Asked on 7/17/13, 7:39 am

3 Answers from Attorneys

dear client u can ask police protection or can file complaint against the husband for u and son. he have to apply in court for legal custody. he cannot take away child. for any legal help call me on 9422611385

ADV PRASAD PATIL

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Answered on 7/17/13, 9:50 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You may take all the legal remedies available for appropriate relief. There will be no harm to your son.

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Answered on 7/17/13, 9:51 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

1. You may be entitled to maintenance / alimony, depending upon his income;

2. You are entitled to seek his criminal prosecution for fraud and cheating, besides cruelty.

3. You may seek annulment of 2nd marriage, if you have proof of his having any physical relationships after remarriage with you.

If you need any other specific relief, you may seek our guidance.

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Answered on 7/17/13, 9:53 am


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