Legal Question in Family Law in India

I have been married since 1995. We both started from a scratch without the support of any family at all. He both worked and made things up. However our ideas never met but as the goal was one we worked towards it. He has a very different idea towards life and does not give attention or importance to me other things are more important. Eventually in 2001 we had a body and we started a small business which did well in the begining but coz of his this behaviour we both had clashes. One night I saw him half lying in my maids bed. He explained that was sitting and chatting. As benefit of doubt let go of things. On many occasions my neighbours told me he was home with a girl but I gave deaf hear as he told me had come with collegue for call and came home to use the bathroom etc. However this continued. After the birth of our son one day I caught an ILU msg from his collegue on his cell again he explained was an answer to a question and let go this kind of incidencies kept accuring. However things went beyond my control as he started hiding things,. fighting if I got to know anything and confronted. Left the house and we had to plead him to come home. This went on for nearly 4-5 years. Eventually we had clashes even for the business as was doing unnecessary expence and not worth the work. He asked me to continue or he does.

In 2007 I left the company where we both were proprietors under seperate heads and started working. Things worsened further at the business front and I joined back to help them but to no use. Everyday it was dont need you, you left and came back so I quit again and went to work in a couple of months. However after that the business ditoriated and went further down and where we had a liability of 1.5 lacs it went down to 6-8 lacs. The market crashed badly in 2009 and had to shut down as no income was coming at all. As I was working kept the house moving but he use to be full day at home not earn saying no inquiry but could afford to get booz and drink practically daily which irritated me as the house expenses were increasing and he not moving.

We ran from house to house and could not afford rent and other expenses. Finally he got a job in 2009 october in mumbai and on a small argument had a fight and left the house. Thou he did not tell me where he got the job we were able to get in touch only if his cell was on and if he wanted to speak to me or our son now 9 yrs old.

Finally through common contact I was able to get info that he is working for a Delhi company based in mumbai and traced him down. He then started talking and meeting us as we would call his office, however said is earning to low on contract and cant support us. On inquiry the office did not give a clear picture however was able to get info that draws 40000 net per month + conveyance etc. However still refuses to give us any money as say I have to clear this business outstanding where as from his bank statments he is not clearing fromt he salary is clearing from other external resourse he earning. He refuses to pay for the child also. However on pestering has given me 20000. 5000 each in july and aug and 10000 in september. Now when I tell him says will try as much I can cant give you more if you need go to court. Its nearly a year nor ready to come down and divorce nor take a step to give money to support his child. How do I go about filling pettition etc kindly advice. I am working but on a minimum salary in which me and my son survive cant take a demanding job as dont have anyone to take care of my son. I dont have to much to pay a lawyer also. However I feel am done with him and want to move in life. Kindly advice

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