Legal Question in Family Law in India
I am 36 years old woman having a 12 year old mentally disabled boy. I am living with my husband. Me and my son is suffering from mental harassment by my husband. The nuisance has been increasing day by day.He is sometimes behaving like psychic person and our sex life is zero since last 7-8 years. I want separation, but I am afraid of financial security for me and my son. How can we get the share of his property and monthly compensation?
3 Answers from Attorneys
It is sad to know about the condition of your son but there is no law yet enacted that would entitle you share in your husband's property. you can reside at his house and claim maintenance from him for yourself and your son.
Sorry to hear about your child but not to worry.
You can file case of maintenance for your self and for your child and court will fix good amount for your surviving but income of your husband also counts, so you should procure income proof of your husband
Regards
Really Sad to know the facts but you can apply for maintenance / alimony in Divorce proceedings or as a separate proceedings like Section 125 of CrPc or Section 12 of Domestic Violence Act. better approach a local lawyer with full facts of your case.