Legal Question in Family Law in India
Just after few months of my marriage my mother in law started forcing me to get a job and earn money. I was not willing to work and it was told to them before marriage. Now she and my husband started irritating me talking always about family expenses in front of me. Then they stopped talking to me and left me alone at home. They also started finding reasons to shout at me. It happened even when I was pregnant. When my baby was born my parents came to take me to their home to live there for sometime with them. However when we reached home I told them everything and also told them that I don't want to go back to my husbands home. Now I told the same to my husband and he was shocked. He and his mother argued a lot with my family members but they supported me. Now its been 3-4 months that I am leaving with my parent. My husband keep calling and forcing me to come to him. I don't want to live with him as I was so much mentally harassed. Now i want divorce. I don't want to make his police complaint as i don't want to be in all these things. What all i want is a peaceful divorce so that i could stop him calling on my phone number. I don't want any financial support from him. Neither for me nor for baby. Baby is 6 months old. All i want is a peaceful divorce and i want all those things that i took to their home after marriage. Or the money equal to that. I even don't want the jewellery that they gave me. But i really don't know much about law. He is denying for divorce and also denying to give my stuff back including all the home appliances even my cloths. I am also afraid can he take league action to force me to live with him? What can I do for saperation? Can't i force him to give my stuff back?
2 Answers from Attorneys
I can understand that you faced trauma at your inlaws place.But you are depriving the child the love of both the parents.the reason you have stated for breaking up the marriage are too trival. Whats wrong if you are asked to take up a job.Will you live off your parents for the rest of your life?/ what about your child who will support you.Please approach a counsellor and try to sort out your differences and give a happy childhood to the son. Another issue is that if your husband contests the case he will also ask for visitation right of the chils and also for the custody when the child is older. Pleas dont be in a hurry to break a home.
Dear client if u want peaceful divorce then u have to apply for mutual divorce. For mutual divorce both husband and wife must ready for divorce. As u said yr husband is not ready for divorce then u have to ask divorce on cruelty ground. For any legal help call me on 9422611385
Adv prasad patil
Pune