Legal Question in Family Law in India
I am 34 years old. I got married in nov 2007. Since then my husband is not doing job. More over he is harassing me for my salary. He wants to put my salary in his joint family. Already my dowry amount they have used in joint family. So i came to my parents house in Aug 2009. We have one son which is 2 years and 9 months old. Till today he and his family members did not pay a single paisa to me and my son for our maintenance. Moreover they are asking my salary. With all these mental tensions i am not able to do the job now. So i decided to resign the job.
Now i decided to take the divorce. They have ancestral properties of 16 acres of agricultural land which is in the name of my mother-in-law. My mother-in-law has 3 sons. My husband is second son. There is no property in the name of my husband. We are living seperately since 2 years. My husband is not interested even to see our son. He has not seen my son since 2 years. My husband is money minded. Due to this harrassment, Now i decided to take the divorce. Will i get my dowry amount back? Now my mental condition is not good. I cannot do job now. Can he pay the maintenance for me if i take divorce? Since the properties from my husband side are ancestral properties and those are in the name of our mother-in-law Can my son get the share from that ancestral property? If so how much share he will get from ancestral property?. If so when can my son get the share if i took divorce.
1 Answer from Attorneys
a) You are entitled to recover your istridhan by filing a criminal case u/s 406 and 498-A IPC.
b) You are entitled to maintenance for yourself and your son.
c) You may seek divorce on the ground of desertion and cruelty.
Besides, you may also be entitled to relief under domestic violence laws.
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