Legal Question in Family Law in India

I am a parsi and married a maharashtrain boy in 1995 after a 4 year love affair. His family is divorced and what I had seen he was living alone as the father was married to another lady and the mother had refused to take custody of the children. This was when he was in Tenth. As we new each other for quite some time we got married without any support from his parents and in the presence of my family. After years of working together we made our lifes bought a flat etc. We did have our difference but things starting going worse in 2001 when I was expecting and had to leave my job. His company also during that phase when through a take over by an MNC company. One day when my son was 8mths old I found a msg of I LOVE YOU on his cell and upon inquiring he tried to change the topic saying its nothing it was just a game. Earlier also I use to have my doubts but let it go there. Finally again somehow we settled by starting a small agency at home.

During this process as he was working in the begining and I was managing the business and had a small kid we kept a day and night maid. One day I get up in the middle of the night and find him in my maids bed he was half lying behind the table hence could not see what was going on. Somehow again he said nothing we were talking etc left it and went ahead. Slowly he left the job and starting working in the business. One day my son comes and says he was kising the maid on the staircase the same maid. Again we did not give a hear to it as he was a child.

Somehow we were concentrating on the business and we did pretty well in the start, his mother as we had a child started to come and meet us on his pretext and seeing around and finally went an laid a case on him that biologically she the mother and needs to get maintainance wherein my husband asked me to be out of it and lost the case and had to pay her some amount.

But somewhere my husband was upto his games which I did not notice. He use to go out on tours and office work but was not aware that he was having his affairs outside and trusted him. During this process we did foolish spending and went into a debt and sold our flat to clear our dues. Things started becoming ugly as my husband started blaming me for having to sell the flat and making expense as I did not keep a tract of it. But somehow things been balance due to business we rolled and moved into a rental place one day he said has to leave ASAP for tour and we were wondering why and thats when he left and got his cell billin my hand and got to know that he had gone to meet he girl who had written to him I LOVE YOU in hyderabad as he use to call her every day and speak for hours. He had kept his love buring and hot.

Eventually when asked again said was trying to get a conference from her company and again blamed me for having spoilt everything. He use to go out and nights and not return and if you say anything said would leave the house and go. I left the business tired of fights and started working in 2007.

His concentration was not on the business and we lost the whole thing it went down and had to close and 2008 when the market crashed he sat at home doing nothing for a year. Finally in 2009 Diwali he fought and left the house. During the same time he got a job in mumbai.

Now he with the same company has a 15 lac outstanding of the business on his head. We have no relation as husband and wife since 3 years. for the first few months he did not even support me financially thou our son was with me. Finally when we got to know where he working he has started financing small amounts like 2500 to 7000 per month.

He refuses to come back home when asked to give me a seperation so I can start my life does not do that also. Has no interest what happening to his son, will call some time etc.

I am fed up of all this want a solution. I am scared at times like his mom did he will do and my poor son will have to pay for his enjoyments. As now also I feel he staying with a female in mumbai and having his life and we here are trying to make two ends meet.

Kindly advice. I am just drawing a salary of 20th per month cant afford a lawyer as my rent is 9th where me and my son stay then his school etc is also.


Asked on 11/22/10, 11:18 pm

1 Answer from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

there are mediation centres run by legal service authorities and they provide you legal help free of cost. you may approach them and they would fight the case on your behalf. as the mediation centres are supported by mumbai high court, you may not have to suffer to fight him back.

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Answered on 11/22/10, 11:25 pm


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