Legal Question in Family Law in India
should i prefer divorce or move away from my in-laws?
my husband is a wonderful person until i found my in-laws to be good. i am running my 4-yrs of marriage and have a son of age 1yr. my in-laws insults,abuses me,my son and my family in my husbands absence. in my husbands presence they act as if they are too good to me. when i talk to my husband about my in-laws, he is refusing to believe me. he wants his family at any sake. dont care for me and my son as his preference is for his mother and sister. i want to give my son a good life. for sure my husband activities on this stuff will definitely spoil my son. also everyday fight between us might depress and spoil my son's future. so i keep quiet nowadays thinking about my son. my mother-in-law bet me as ''let me see how u live with my son in your lifetime?''. i cannot bare this insult as it crossed boundaries. our marriage is as per indian marriage act. by heart i donot want to get divorce. i want to live with my husband. but thinking about my in-laws i am planning for a divorce. what should i do? am confused.
3 Answers from Attorneys
Re: should i prefer divorce or move away from my in-laws?
See, at the first go, I would advice u to see if some nearby relative/s can help u sort out this problem... Divorce should be the last remedy..
but if even after the interference of near ones, things doesn't work out, then u can take resort to WOMEN CELL in ur local vicinity [there are Women cell established in every city by the government to sort out dowry adn related problems].
I would advice you to be mentally strong and take a strong foot forward.
Re: should i prefer divorce or move away from my in-laws?
dear madam, to get divorce you have to prove physical or mental cruelty against your husband and his relatives. when you cannot convince your husband about the torture and illtreatment by your inlaws than how willyou prove it in court. either you should record their statrement on casetts and by hidden camera and show copy of it to your husband. your husband appear to be reasonable man will understand double standard of his family.in theses circumstances it is better if you move away from inlaws house.
Re: should i prefer divorce or move away from my in-laws?
Madem
Your problem is quite usual as are faced by many others like you.
I would advice you that it is better to take divorce with ur husband if he does not want to be yours, untill and unless he accepts to stay apart from his family. If he does take care of you or your son, then there is no need to stay with such person, and divorce is one of the option.
Second option is you can stay separate from your husband what is called "Judicial Separation" and can claim maintenance for u and your child. And mean while living separate from you he might feel aloof or may feel ur absence, any may probably infer changes in his attitude and behaviour towards you.
But if it is possible to solve it socially by intervention of few high dignitories of society or ur cast then first try to negotiate the matter, cause courts is a hope of last resort.
If for any further information you can contact me personally on my cell phone (0) 9426482371
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