Legal Question in Family Law in India

Re: Divorce/Separation

you can file for maintianence it is the duty of husband to maintain wife and children. your fathers being better place will not have any effect

Re: Divorce/Separation

you can file maintenance case asking for your and child's maintenance .

Re: Divorce/Separation

even though your parents are better placed than his, it is no ground for you to not to claim your share of maintenance. In case you feel that there are no chances to live with him any further, you may file a petition for divorce and along with the petition, you may file an application for grant of maintenance for yourself and your son. as far as dowry is concerned, in case NEED BE you may file a complaint u.s 498a/406 and a complaint under domestic violence act.

Re: Divorce/Separation

You may file a divorce suit, and on that petition you may claim alemony or you may file a petition u/s125Cr.P.C for maintenance

Re: Divorce/Separation

I am sure you must have made the decision to divorce after seriously thinking about totality of the circumstances and have also considered whether or not your husband can be reasoned out.

Any money, car and other articles belonging to you are yours and if husband or his father/other relative do not return, you have a right to file complaint u/s 406 (Criminal Breach of Trust. You have a right to file complaint under Domestic Violence Act and claim compensation, maintainence for yourself and your son. Your husband is under legal obligation to maintain you and your son. Yes, you have a right of residence under the new DVA.

My only concern is that before you initiate any action, ensure that you husband and wife have reached the stage of divorce and marriage cannot be saved. You may try the mediation of Legal Aid Centres in your area or marriage counselling provided by the state if one is in Delhi.

Vishwa Arya

Re: Divorce/Separation

At this stage, you may consider first about recovering the financial losses you and your parents have suffered in this failed marraige in terms of dowry and other expenses and also loss of your 'istridhan'. You also deserve to be suitably compensated for the harm done to you in terms of damage to your psyche and emotional health.

You may, therefore, consider filing a complaint with the local police u/s 498-A and 406 IPC; Besides, you may file a complaint under the D.V.A. seeking remedy against violence committed against you by your husband and his relatives.

You are entitled to maintenance for yourself and for your son; you are also entitled to custody of your son.

You may consider pursuing all or some of the above mentioned remedies - sooner the better for you.