Legal Question in Family Law in India

Cruelty & Negligence
Married and having one son of 8 yrs. My husband is very suspicious in nature and a person with low self esteem. I am beingl tortured by him and my in laws asking me to file for divorce(under the ground of suspicion of having affair). I am innocent and i do not have such intention. Though i m not happy with this person i do not want to give divorce. What shall i do now? Since he is not happy with me he is trying to have relation outside, by cutting of the ties with me he wants to be free and happy. He is not insisting to keep the child with him. I am much worried about my child's mental health and his future.
They are intimidating me to accept for divorce under mutual concern otherwise he ll b filing against me.
Please help me to save my marriage.

Asked on 3/19/09, 11:31 pm

3 Answers from Attorneys

Nandita Haldipur Haldipur Associates

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Re: Cruelty & Negligence

you can file case under domestic violance, get an order of residence if they are trying to force you out of teh house, you can clam maintainence for your self and your child also

Answered on 3/20/09, 12:06 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: Cruelty & Negligence

I am agree with the above opinion.

In situations like yours, men are bully and until they face police/court action and a real threat of going to jail, they do not behave with their own family out of sheer 'egoism'.

You will do well if you lodge a police complaint u/s 498-A IPC to begin with. If they force you to go out of the family home, they may be required to make suitable arrangements for your residence. You may also get an injunction/stay against them restraining them from your interfering in your right of residence. You will of course be entitled to maintenance as per the living standard of your husband.

After you lodge a complaint, most likely they will seek your forgiveness. At that point of time you may need to carefully consider and decide about the terms of compromise.

Answered on 3/20/09, 7:17 am

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