Legal Question in Family Law in India
Sir, I and my husband got married in 1997 and lived happily for 10 years and got two female child one is 11 years and another is 3 1/2 years. After the birth of second child I came to know that he has affair with another illegally. slowly quarrel started and it went to file a divorce petition in 2008. But in mediation I proved he has illegal contact and i will not give divorce and filed maintanence petition as he was working for IBM IT company. But in mediation he just told I will take care of the family and withdraw the divorce petition otherwise he has to pay maintanence amount, so the case got dismissed. Now he is paying an amount of Rs 6000/- for 3 of us. I am staying at own house purchased by both of us, but as he is drawing a high salary the loan was financed to him and the house is in his name. We both have taken many LIC's in my childrens name but he is a proposer.
At present I am not willing to give divorce. As a safety measures for me and my two children what should I do? I seek your advice.
Now I am doing Part time job and drawing an amount of Rs 2500
2 Answers from Attorneys
you are not willing to divorce and at the same time you not willing to stay with him. honestly speaking, most of the men are not satisfied with one sexual partner and that is the reason they seek company of other female. it may be described as a characteristic weakness. but this does not mean that the man can not be a good husband or a good father. just because of one mistake of his, you have stripped him all of his rights of husband and father. in case you not interested in giving divorce, patch up with him again and let him burden his responsibilities. by now he also must have realized that just because of some sexual pleasure, he has spoiled his family and he may not repeat the same mistake again. in case you find him a good human being otherwise, then let the children have their father at least.
in case you hell bent upon staying separate from him, you may talk to him for enhancing the maintenance amount and in case he doesn't agree, you may file a petition for enhancing maintenance.
You could seek his criminal prosecution for having committed "cruelty" and "domestic violence".
You are entitled to the "residence" and your husband may have to continue making payment of instalments without interfering in your possession of the house in any manner.
You may also seek periodical enhancement of compensation amount because the children's need keep increasing with their age.
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