Legal Question in Family Law in India
dear sir,
my husband and mother in law are harrassing me every day and creating constant mental stress.unable bear his harrassment.patiently tolerating his behaviour.but unable to seek change in him.after my child birth i am feared to get back to him because of his mental and physical torture his abusive language on me and my parents.i am staying here bcoz of fear of raising up my kid under that stress and seeking change in him.if he files a divorce petition under grounds of desertion,can he account my child delivery period also into desertion period of 2yrs account???can i mention all these situations as the reason for my stay at my parents house???then if i mention these can case goes in favour of me???becoz i dnt wanted to give divorce to him at any cost..........plz help me giving detailed suggestions,so that i can win over my cruel husband
3 Answers from Attorneys
1)if he accounts the child delivery period in divorce petition, you can raise your contention and objection in your reply.
2)you can in your say/Written Statement mention all the situation, facts and reason why you have not gone to your matrimonial home.
Approach a local advocate with full facts and proofs.
Last thing first: winning over your cruel husband is not entirely in your hands; a lot also depends upon his mental make up and his own plans.
If you think you are suffering "cruelty", you should take appropriate steps at the earliest; including initiating criminal proceedings.
You may also consider taking action for appropriate relief under the Protection of Women from Domestic Violence Act.
filing a petition for desertion is easy and proving desertion is difficult. in case you do not want to divorce him, it would not be a cake walk for him. however, you may seek your remedies under different laws favouring women.
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