Legal Question in Family Law in India
I m a married girl since 10 dec 06, i hv one son of 3yrs ,i m in deserted situation after living with my husband for 2 yrs n tolerating his physical n mental torture,he tortured me like anything and asked me bring one lac rupees frm my mom.he asked me sign the divorce paper .he dragged me out his home in 5 oct 08,i m living wid in my parents house wid mom n son.he remain absconding for two months n after that he visit us at my parents house regularly but from 9 jan 2010 he is absconding till date i heard that he have eloped wid another caste girl and he had married that girl and now she is pregnant.since i left his home he has not given a penny for me and my son ,we r totally depended upon my mom who is a widow.....now i want to know in what legal obligation i can sue him or trap him ...can i divorce him n ask for maintainance
3 Answers from Attorneys
Your options are :
(a) file a criminal complaint against him for cruelty u/s 498-A I.P.C.
(b) file a case for maintenance.
(c) seek appropriate relief also under D.V.A.
File a case U/s. 498-A and Domestic Violance.
File a case for maintanance and for return of goods given in marriage.
You can also sue him for marrying again without having Divorce. (BUT MIND IT YOU HAVE TO PROOVE IT ALSO)
File a case of divorce.
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DEVANSH BHARDWAJ
ADVOCATE
LUCKNOW