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...


Asked on 1/06/09, 8:59 am

2 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

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.

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Answered on 1/07/09, 1:01 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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.

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Answered on 1/06/09, 7:18 pm


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