Legal Question in Family Law in India
I am married about 16 yrs, my husband is in a very good job,We have a 14 yrs daughter.As a person my husband is very unsocial,illbehaved and very complex minded.He does'nt like my father and sister,without any reason he insult and hurt them always.So,they stay away from our life,and there is no connection between my husband and my father.Last 16 yrs am suffering by his dictatorship,and such type of inhuman behaviour.Before,4yrs suddenly he left the house due to a argument,and situation was became very tough, after 3 months I had to go to my fathers house with my daughter,because I am unemployed,after some months we returned with him because it seemed that he was regret for everything.After 6 months situation became as same as earlier,but I just managed it for my daughter. Last 7th nov. very suddenly he left the house again in my absence.He went to his own house which is in another district,his family called me,within 2 days we had to go there for discussion,and they all were total convinced by his lie.They insulted me too much,even they were not ready to listen my daughter's view,as she is the only witness about truth and lie.Last 18th nov. he returned and staying in his sisters home,neither he is concerned about our financial condition,nor he is worried how we are living.Again and again this type of reckless behaviour loosing my tolerence.In this situation should i take any legal step? How much time will it take to solve? I am alone ,financially I am weak so please give me your advice.
1 Answer from Attorneys
If you are alone and financially week, it may be a tough battle to fight; even otherwise, the litigation route is uncertain, time consuming and costly. try to find out other remedies. Your daughter's age is very crucial for school life. Make efforts to adjust with the situation.
Legally, it is a case of cruelty. Your options are : (a) moving the local police under Section 498-A IPC with a written complaint of all his wrong-doings mentioning the specific instances which took place in the presence of your daughter; and/or (b) making an application to the court under domestic violence laws, marriage laws, custody laws, maintenance etc.
You may be entitled to maintenance as well as the accommodation.
Think twice before initiating litigation process. Exposing your daughter to litigation may not be a good idea.
Wish you good luck. !