Legal Question in Family Law in India
i got married on 19jan2004 n got blessed with a daughter on 10th dec 2005 now she has completed 5 yrs.after getting tortured by my husband and inlaws my family n myself have got a FIR done against them. 498a 504 506 ipc dowry also have been put again my husband my MIL and my brother in law. after 40 days of the fir these people have taken stay from the court. my husband has not called me even once, not even for the child but he has made his relatives call for compromise. he has haressd me v badly n made my life hell since 7 years. he dsnt give me any money, frustrates me n my child for basic needs.its an intercaste marriage also. i m sc n he is uppercaste.it was love cum arrangd marriage. my father is a pcs officer.i want to know wht all can happen in my case now. i m very much tensed. my innocent child is also suffering. my husband is an alchohalic n he dsnt do any work also..some times he is working but he cant earn regularly because oh his habits. i want to know that what are the steps these people can take now. what happens after they have taken stay from high court? what are the options and rights for me also? i havent got a single penny from my husband since 1 n half month....what does a stay mean in this case. can they get arrested now? plz advise... i m worried about my daughter also...is it possible he can take my 5 year daughter in his custody, coz he cant take care of her. he is an alchohalic, plz advice...
2 Answers from Attorneys
Engage a good lawyer for all your grievances. It is quite surprising that you have not been able to get maintenance for yourself and daughter in the last 5 years despite filing a FIR against him.
If you plead your case properly, your husband may not be able to take custody of the child; and on the contrary he may have to provide maintenance for you and your daughter.