Legal Question in Family Law in India

Dear sir,

pls help, I am a 32 yrs old woman, having 2 yr old boy we got married 3 yrs back & after that my Mother in law started creating problem, so she started abusing, useing bad words etc., so, after that i requested her not to do like dis but she continuted & she & my hubby both kept in separate house which is 2 kms away from my inlaws house in bangalore. The tricky lady, never used to send my hubby to my house, she used to keep my hubby from morning 5.30am to late night 11pm later on i started requesting him to come to my as early as possible at least to see the kid. but he also refused. he never supported me. One fine day he took my kid to inlaws telling that if i did not give any divorce to him he will harm my kid. so, i went to my inlaws house telling that why she & his doing like this? but to my surprise she gathered all of their neighbours & started shouting & yelling & she madethem to beat me also? later on she returned my kid. lateron my hubby came to my house & he told that he will be moving to mumbai as he got a job, without give me address of the co., he is working for nor the hotel he stayed? from their he came back i dont know when but he is sitting in my inlaws house asking for divorce? or i should i stay wid my mil? since i am scared of going to mil 's house as all her neighbours in her favour and security for me?? I WANT TO CONTINUE WID HIM SO JUST LET ME HOW CAN I SAVE MY FAMILY OR HOW CAN I GET BACK MY HUBBY & COME & STAY WID ME? IF HE GOES TO COURT


Asked on 6/02/10, 2:49 am

2 Answers from Attorneys
Tapan Kumar Jha

Dear Ms...

1. The best possible legal action for you at this stage of time is to institute a suit for Restitution of Conjugal Rights.

2. File a Maintenance suit for yourself and your baby.

3. File a Complaint before Magistrate u/s 498A read with S 406 IPC.

4. File a complaint before Crime against Women Cell of Police.

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Answered on 6/02/10, 4:07 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

I agree with the suggestions of Mr. Jha except on the first point. The filing of RCR case may not be a solution. However, you should persue your remedy for maintenance and damages as also under the D.V.A.

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Answered on 6/03/10, 6:42 am


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