Legal Question in Family Law in India
I am separated from my husband for nearly 6 months now with a girl child of 4 yrs. Husband threatens to take away the child. Can I use sec 498a against him and 406 or 97? My lawyer said that since i am staying separate for so many months, how to prove that there was DV or harassment?We lived in a nucleur family. I have deserted him over a minor conflict. Later, he called up many times to my borther etc and used abusive language which we have recorded. can this be an evidence enough in the court to prove cruelty?
2 Answers from Attorneys
you can file the complaint under domestic violence act and in that seek restraint orders against your husband also seek the custody of your child.
Since you have deserted him over a minor conflict, it may better for you to consider joining him in the matrimonial home; you should not forget that his home is your home too. Your brother/father's home is not your home and you will not be able to enjoy life here. Also in the best interest of your child, you should allow love and care of a father to be given to the child. As per Hindu Law, your husband may have a prior right of custody over the child more particularly if you have deserted over a minor conflict.
The recording of abusive language used by him during calls made to your brother etc may not be of any use unless you want to unnecessarily prolong litigation.
An amicable settlement with your husband and joining the matrimonial home may be the best option for you in the given situation.
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