Legal Question in Family Law in India

I suffered from cardiac arrest in Jan this year, and was declared dead from which I was revived with 2 electric shocks and then I was in hospital for 15 days and was prescribed a minimum 3 month period of rest for recovery. I am also having asthma. My husband and his family know very well that any kind of stress and strain physical and/or mental will worsen my condition and can be fatal to me but still my husband and his family have been accusing me,(like they were doing prior to this episode)of making excuses about my health and doing drama about my ill health to avoid doing household work. They have been constantly passing snide remarks, taunting me about my health problems, my body my intelligence and neglecting any problem I have. My husband says that i do all this ill health drama to avoid physical intercourse with him and Even the day I was discharged from hospital he made advances towards me, even many times earlier and the night prior to my cardiac arrest i had begged to him that I am not in a condition physically or mentally for his advances.many times I suffered immediate asthma attacks, heavy chest pain, increased heart beats and fainted after he satiated his desires without my consent.I am completely financially dependent upon my husband, and he takes full advantage of this situation, by providing me meagre money for household expenses and other expenses only if his unnatural excessive physical desires were satiated. If he incurred any kind of expenses on me o r our 1.5 year old daughter he recovered it by fulfilling his physical desires.he provides minimal amount to me for household expenses. he never shared any information about his salary or any increment or raise investments he has made in spite of asking him again and again. He does not make any investments or savings in the name of his daughter.He has started threatning me by telling me to stay with my parents and he will snatch my daughter and take her away with him. I was married few years back and since then I have been subjected to this physical and mental harassment, inspite of extracting lot of money from me and my parents .Please I want to know what remedy is available to me .I dont want to loose my life and my daughter.I want to have custody of my daughter.


Asked on 5/14/15, 10:00 pm

2 Answers from Attorneys

Dear client file complaint with women cell of police under sec 498 a for physical torture. File domestic violence case to recover money from him for mental harassment. Custody of girl remain with mother up to 12 years age naturally. Donot worry about it. For any legal help call me on 9422611385 or 8446247807

Adv prasad patil

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Answered on 5/15/15, 3:17 am

as your daughter is small, then even as per law, you can have custody of her. You husband has to make out a very strong case against you to seek custody of daughter. you also have other options to enforce your right to maintenance etc.

Adv. Rajiv

Delhi High Court

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Answered on 5/18/15, 2:24 am


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