Legal Question in Family Law in India
Please give fair justice...
my husband has illegal affair with
his own sister, who is a prostitute
and sleeps with many men. her
husband has left her as she has
illegal affair with many men. now
after marrying me my husband
started harassing me with the
support of his family members. his
parents know their relation. now i
have a daughter with him, after
delivery with a caesar operation he
came to see me after 2 weeks and
now the baby is 7 months old and
till now neither him nor his family
members has come till now. he is
not giving any spousal or child
support to me. i think he earns
more than a lakh per month and he
is putting all his assets in the name
of his brother, till now i dont know
his salary. my daughter is leading
the life without father. during
pregnancy daily his parents and he
himself harasses me with vulgar
languages and tortured mentally
and emotinally. all this he is doing
with their family members support, i
was unable to tolerate all this. reg
this my parents asked him to solve
the matter before family elders but
they are not coming, till now new
born baby has not been named...
please help me with fair justice...
2 Answers from Attorneys
Re: Please give fair justice...
Hello.
First of all forget about your husbands relationship which is illicit. This kind of people do not deserve to be a human.
You may contact a local lawyer if you are financially stable or in case of help please contact personally alongwith details.
NO LEGAL FEES.
Re: Please give fair justice...
(1) You may better restrain yourself from levelling allegation about your husband's illicit relationship with his sister. This allegation may be difficult to prove may be rather counter-productive. Keeping into view the seriousness of the allegation, an unproven allegation of this nature may be used against you by your husband in the court. Moreover, you do not need to level this allegation for asserting your rights and an allegation like this is not going to strengthen your case in any manner. Rather it may spoil your case and may help your husband to win sympathy of the authorities including the court.
(2) You are entitled to spousal support and child maintenance - an amount which may be required for a decent living as per the standard of your husband.
(3) Since you have been neglected within seven years of marriage, there may be a presumption of an offence having been committed by your husband u/s 498-A of IPC.
(4) You are also entitled to a shared accommodation and adequate compensation as also appropriate penal action against your husband under the newly enacted Domestic Violence Act.
(5) If you are sufficiently educated, you may pursue your remedy personally. If you can financially afford the services of a lawyer, it may be better to engage a counsel for pursuing your rights. If you cannot financially afford but still need the services of a lawyer, you may either approach the State Legal Services Authority of your area or you may seek our help for pursuing your case further. We may need detailed facts for helping you to draft your case and addressing the same to concerned authorities. You are welcome for appropriate help. NO CHARGES.