Legal Question in Family Law in India
Hi, I have been married for 4 years and have a 3 year old son. When I was 1.5 months pregnant my husband went to US, I told him I wanted to be with him so I quit my job and joined him when I was 7months pregnant. My husband told me I can work there using a permit after having the baby. But after the baby was born I was told he doesn't want me to work and that if I want to work I can goback to India and then work. But I didn't want the family to be broken, so I stayed on. He was emotionally abusing me telling he will send me back. He wouldn't even speak to me after coming back from work, but expects me to cook for him. I was depressed a lot and I used to cook food for 2-3 days and keep, I was rarely given any money. All this made me decide I will go for higher studies and return to India. We both came back on our son' s first birthday. He left after 1 month. I studied hard and got into IIM for my higher studies. It was the most difficult decision I made in my life, to leave my son with my parents and go for my studies. But I wanted my son to grow up knowing women also have dreams and aspirations, and they also deserve a chance. I called my son everyday. I also tried to keep the relation with my husband, calling him everyday also. Two months back my husband had his parents take our son to him. It's been two years since my husband left me and my son here and gone. He always says its for us, but always breaks his promise. Our parents don't get along anymore and there are a lot of pressure keeping both sides satisfied. One problem after the other keeps coming and always my husband puts the blame on me and my parents and my culture. I always look forward to my holidays to meet my son. It was decided that I will get him to c him on September but he booked the tickets in such a way that I won't get to spend time with my son. On top of that my husband has no plans to come back. For whom am I continuing this marriage. Will I get divorce from him? Will I loose my child, if I go for divorce?.
2 Answers from Attorneys
You will get your child and also a divorce. Consult a local lawyer with your marriage certificate and other documents. For further details you may contact me at [email protected].
1) First u may file DV for mental cruelty and 498A.
2) Let him file divorce petition instead of urself.
3) The custody of child is decided by the court keeping welfare of the child.
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