Abandonment by husband
1 year ago
My husband has left me and my 8 month old son for more than a month and staying at his parent’s house without my consent. While he left I insisted him not to leave as I won’t be able to manage family and the baby together. Without arranging any support or assistance for us he had left after a quarrel as I did not allow him to leave. Since then he has not communicated. Previously he used to leave me often when we had quarrel. My 8 month old son and I am stressed out both emotionally and financially. I am a doctor and was on maternity leave for the last 6 months since I delivered. I have joined job last month. I used to take care of all the household expenses and used to give money to my husband for his own expenses. My son suffered severe illness soon after his birth and is presently under treatment and medication. I am having trouble to look after my son and maintain my job. My husband is jobless since marriage and does not provide any financial support for me nor for his son and not trying to secure any job either. My question is:-
1. What should be the first step I should take in this situation as per law? Should I file a case for restitution of conjugal rights? If yes, then how?
2. Can I claim maintenance from my husband for me and my son?
3. Can my husband claim maintenance from me as he is unemployed?
4. How can I get legal help and emotional support from mother and child related organisations regarding raising my son as a single mother in this present situation?
5. On what grounds can I suit a divorce if I want to? -Unemployment, abandonment or any other ground?
6. What will be the decision regarding custody of my son if I file a divorce?
Yes, you can claim maintenance from your husband for yourself and your son. Under the Hindu Adoption and Maintenance Act, your husband has a legal obligation to provide for your maintenance and that of your child.
Your husband can only claim maintenance from you if you are earning and he can prove that he is unable to maintain himself. However, as a doctor, you may be earning more than him, so this may not be applicable in your case.
You can seek legal help and emotional support from organizations that specialize in mother and child-related issues, such as the National Commission for Women, Child Rights and You (CRY), Save the Children, or local women's and children's organizations.
You can file for divorce on the grounds of abandonment, which is a valid ground for divorce under the Hindu Marriage Act. You may want to consult with a lawyer who can advise you on the process and whether there are any other grounds that may be applicable in your case.
In case of a divorce, custody of your son will be decided by the court based on the best interests of the child. This means that the court will consider various factors, such as the child's age, health, education, and overall well-being, as well as the ability of each parent to provide for the child's physical, emotional, and financial needs. The court may grant custody to one parent or both parents, or it may grant joint custody with one parent being the primary caregiver.
Thank You
Dr. Shamimah Siddique
Replied 1 year ago
Thank you for your reply, sir.
We are presently not on talking terms. If I file a case for restitution of conjugal life what will be the outcome? Will my husband be bound to come and stay with us or he just have to reply and subsequent action for separation and divorce be taken?
Ours is Special Marriage Act. What is the law for maintenance and alimony in this case?
Its been 45 days since he left. Can I file divorce on ground of abandonment? What is the minimum time period for which abandonment should be considered?
I earn more than my husband and he is unemployed at present. Can he claim maintenance from me if he can prove he is unable to maintain himself?
My answers are as follows:
1. What should be the first step I should take in this situation as per law? Should I file a case for restitution of conjugal rights? If yes, then how?
Ans: You must immediately file Domestic Violence case and maintenance under Section 125 of Cr.P.C for yourself and your child.
2. Can I claim maintenance from my husband for me and my son?
Ans: Yes.
3. Can my husband claim maintenance from me as he is unemployed?
Ans: No, since he is not handicapped or suffering from any permanent disease.
4. How can I get legal help and emotional support from mother and child related organisations regarding raising my son as a single mother in this present situation?
Ans: You may approach them and they may help you to file above cases.
5. On what grounds can I suit a divorce if I want to? -Unemployment, abandonment or any other ground?
Ans: There must be desertion of two years to get divorce otherwise you have to seek divorce on the ground of cruelty and negligence.
6. What will be the decision regarding custody of my son if I file a divorce?
Ans: Custody will be with you if you are supporting your child financially.
Dr. Shamimah Siddique
Replied 1 year ago
Thank you for your kind opinion sir.
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