Legal Question in Family Law in India

Please do reply no one has answered this question. Hi, this is my second marriage. unfortunately i was tortured in my second marriage more than my first one. I am working and earning well. living with my parents for the last 2 years. got married in jan 2014 and had a child at my parents place in 2016. my husband never called me during pregnancy its only after coming to my parents place in march 2016 i discovered that i was pregnant . i dropped a whatsapp to my hubby abt my pregnancy he just replied God bless u. But did not approach me. Now I want my clothes, jewellery back and at the same time want that at no point he shud take away my child, But i dont want to divorce my husband. what shud i do? he has a umarried sis, a married sis who keep brain washing him. his mother is also of the opinion that we shud get divorced. they just want to enjoy life with the money of their son. please help me i was forced to stay in meerut when i was jobless thats when all this happened ...when i got a job there expectation was that i shud do an up down from meerut to delhi. it was killing me i was hardly sleeping. Husband keeps going on trips i was borrowing money for my survival when i was jobless coz he does not earn that great and wastes a lot of money on clothes. I was always compared with his first wife, was abused time n again verbally and when i was hit that day i moved out of meerut n came bk to delhi. Can i make my sis my child's guardian without a divorce...i something happens to me i dont want my child to be taken away by my husband.


Asked on 4/02/18, 6:01 am

1 Answer from Attorneys
Santosh Goswami,Advocate sure shot legal

I don't think hat there is any complication. If you want to spoil your life you would better not divorce him. The ego and fear are the worst enemy of our life. I n my opinion, your approach should to to divorce such a person and to lead a dignified life. Legally, you have a good ground for divorce. You will get the custody order from the court for sure. No, sis can not be made a guardian. You can also recover your belongings placed there by filing any of the criminal cases if needed.

But if you don't agree with my view, you are free not to give divorce and in that case he may file it and you can contest the petition on merit. Rest assured of custody. You will always have.

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Answered on 4/03/18, 6:38 am


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