Legal Question in Family Law in India
Abandoning by my Husband
I m 29yrs married since 7 years on Jan 22nd 2006 and have a 4 and half years old son. I was suffering from the mental harrassment by my in-laws and was chased out of the house by my husband. I even attempted for suicide in the year 2000. Im the only daughter to my parents.Legal notice and complaint lodged against them yielded no fruit. He hardly supported me financially and emotionally after my marriage. What should i do to live with him outside my in-laws house. He is only son and has a elder sister. Now i am working and supporting my son and myself. We belong to a middle class family. His parents was never in good terms with my parents. My father-in-law always says that i have to undergo the torture as his daughter did. MY cousin brother and one of his close friend are counselling us to bring us together. My husband says that he will never change and would like to remain like this and he will not support me and is not willing to live with me. He says he'll take care of my son but I cant give up my son. If at all i approach the family court will they hear from my son about his choice or will they see the capability of the parent to bring up the child. I am not in a position to spend on court cases please send suggestions to me.
4 Answers from Attorneys
Re: Abandoning by my Husband
I assume that you and your husband are hindus.
You can apply for restiution petition for living with your husband. while the case is pending you can ask for maintenance for yourself and child. Do not worry about child since he is in your custody and is a minor child.
If your husband refuses to live with you, you CAN GET LUMPSUM ALIMONY AMOUNT FOR YOURSELF AND YOUR CHILD MAINTENANCE for the future.
Contact:
Mr S.Seshadri,
Aiyyangar & Associates, Advocates,
7A, Queens Court, 130, Montieth Road,
Egmore, Chennai 600008.. email: [email protected]/ [email protected]
Re: Abandoning by my Husband
Looking at your facts, it is advised that please wait for your cousin to see if any mutual compromise takes place, if it does not happen, then you can keep your son, and if he goes to the court you can explain that the boy is not willing to go along with his father, after trying for two years then proceed to divorce, it is waste of time to think about this only, since you are working and living, there are plenty of oppurtunities, now anyone can work and live.
Try to talk to his sister and see what happens explain it to her so that your family can get along if her family does not get along.
Regards
B.Balasubramanya.
Advocate.
Re: Abandoning by my Husband
Presuming that you and your husband both are hindus and married as per Hindu Marriage Act,you can keep your son, and file petition for divorce and maintenace in the appropriate family court.Since child is too young court will definately consider your request for his custody with you.There is no need for any compromise as stand taken by your husband does not have any room for that
Regards Pravin Vaidya
Re: Abandoning by my Husband
If you are willing to live with your husband you can file a Petition for Restitution of Conjugal Rights and if the court finds that your husband is living separately without reasonable cause the court will direct him to live with you. If you are not willing to live with him you may file a Petition for Divorce on the grounds of cruelty and desertion. In granting custody the court will take into consideration the welfare of the minor child. Welfare of the minor child will be the paramount consideration in such matters. If the court feels that the child's interests will be served better if he is left in your custody the court will grant custody to you.
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