Legal Question in Family Law in India
I am 30 yrs old woman married for 6 year. I stay in seawood navi Mumbai I did love marriage and my parents were against this marriage because my husband is from a different caste.My problem is that he abuses me in front of my child,Iam a working lady, I work in good organization, he simply put allegation on me that I have affair with 100 people,not even milkman or watchmen are left, this is really making my life hell, he refuse to pay the electricity bill, society maintenance, even not ready to buy monthly grocery and food grains for me and my daughter, he say if you work you need to survive on you own money, I don't understand how to deal with this man, I have stopped cooking food for him,as he do not support me in any means, but there is always a mental harassment, he often send bad sms on my chartercher, whenever I meet my parents he simply says bad abt my character, i am fed up what shld I do, I have already filed the case in 2007, but nothing happened he said sorry and I forgive him, but now I don't want to do so, I wish to teach him lesson, he wants to remarry, he needs money from me, we have house which is on both name, what happens if I file the divorce case in such circumstances,as I have no other option to stay apart, my daughter she is in sir,kg and her school is near to my house, but I don't want to stay with this man any more, me and my child can be happy without him and his dirty talks pl guide, how shod I deal, whether I shld ask for alimony from him for my child, also, if the child is girl child, she will be with me or not, as he often gives me dhamki that he will not give me daughter.
Pl help
3 Answers from Attorneys
the best option for you is not to go for divorce streight away but to file a complaint under domestic violence act. in your complaint, you may elaborate all the facts including his filthy remarks and no contribution of him towards household expenses. you may seek all the desired reliefs under domestic violence complaint. u may seek the restraint order against him from entering a particular portion of the house. compensation, maintenance etc can be ordered by the judge. seek help of a lawyer who can handle DV case.
Get a restraining order to protect your possession of the property. File for divorce on ground of cruelty and maintenance for your child which should include her marriage expenses as well.
Besides DV Case, you may also consider his criminal prosecution under section 498-A IPC. Make a written complaint to the local police and stop living with him.
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