separation or divorce? separation or divorce?

3 years ago

because of my mother in law's abusive language, interfering between me and my husband,dowry, irresponsibility towards my daughter, expensive nature and many other in toleratble habbits we had big fight and she thrown me out of her house at 10 in night. My husband took me to rented house after spending night in hotel. But from same night he started beating me and started fighting over almost everything.He changed over night. He didnt brought bed for three days from his house which was by the way only 100 -200 mtr away from our rented house. After a week he brought old and broken washing machine, broken fridge and oldest n broken bed from his house for my living. he use to left house at 8:30 sharpe in the morning and use to go to his mother. from there he use to go to work at 10-10:30 am. He used to get ready there only. he never brought his stuffs from his mom's house. He didnt even brought my n our daughter's clothes for 15 days. We use to be in two pairs of nightsuit only. He didnt let me order anything to eat like simple bread. he use to come home late at 9:30pm from his mom's house. after work he use to go his mom's place at 7:30 -8 pm. HE never use to take my calls during day time or he himself never called me even just to ask simple question "are u ok? you are alone there, do u need anything?" He started following to his mom's words blindly.
on 16th Day when i observed his full behaviour for 15 days, I asked him "how our marriage is going to work?"
to this he replied "see you can live here for a month, but after that you have to go back to my mom. and this is why I am not providing you with anything."
After he left for work, i left that house with my daughter to my parents house. i called him twice to let him know,but he didnt bother to answer. Anyways I came back to my parent's.
I have filed a complaint against my mother in law and my husband for dowry and domestic violence.
I wanted to know my legal rights in separation. Also I dont want divorce but I cannot live with his family and he cannot live without his family. so separation is legal for how many years? what would be my financial support rights? and what if he promises to pay me particular amount every month and then after few months he backoffs, showing no income or anyother excuse? who will get daughter's custody? and if I get it what would be his or his family's rights on her?

Rameshwar Dadhe

Responded 3 years ago

A.In such situations you can file maintenance petition.
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Anish Palkar

Responded 3 years ago

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A.YES, You can get Divorce.
As per your question it seems that you are the Victim in Bad Marriage & moving ahead with Divorce you need to know the following Legal Compliances & a few things
1) When & Where was the Marriage done?
2) Was it a Love Marriage or Arranged Marriage?
3) If it was Arranged Marriage who had taken the lead of proposal?
4) Have you both tried to solve the questions between yourselves? If Yes, What is the CURRENT position?
5) Do you have any children? If yes, then what about them & their Expenses? Are they ready to come with you?
6) What & where does Your Husband work ?
7) You can get the legal solution & that is separation & Divorce with all the Financial benefits ? Be mentally prepared to live separately as that there is NO other way out as you must have tried all the possible means till Now.
8) 1st Get all his Income papers like IT FILE or Salary Slip & property papers of all Moveable & unmovable property (XEROX) before leaving his house. (Alimony will be calculated based on these papers)
9) Take all the Ornaments & jewellery given by Your parents & Relative given to you during your Marriage & forward them all to your mother House
10) Then seek help from Local Mahila Mandal OR Mahila Aayog (WOMEN COMMISSION) If you know then good, otherwise I can help you with the assistance of Mahila Mandal OR Mahila Aayog
11) If you are unable to resolve the issue then you can file a case of domestic violence and also case under 498 A IPC against your husband and inlaws, you can also get protection, Monthly maintenance if you are NOT working and file petition to attach husband salary and property for you……. further if things are not working you can go for divorce.
12) Discuss it in detail to us & let you know the best possible way.

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ADV. ANISH PALKAR (High Court)
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