Should i get seperated from my husband or not
4 years ago
I got married at the age of 22. After my marriage my life was devastated and has completely ruined me. My mother was a single mother and she passed away before my marriage. I had my younger sister who olso stopped talking to me after my marriage due to property issues and my husband. From this marriage i have two kids. 1 is 2yes and 1 is 4 yrs. Now aftr 6 yes of my marriage my in laws are completely broke. The only money is d money which my mom left for me and my sister. Now me and my sister has cum in talking terms aftr 6 yrs and she is asking me to leave my husband. My sister is ready to take the responsibility of me and my kids. But after certain time of life she will pls get married and i will be left alone wud my kids. In my marriage sometimes their is physical abuse from both the sides. But my husband hits me more. And their is mental abuse on regular basis. What should i do in this situation? Please help. My sister has this fear that if the separation of the property goes then my husband will kill me or he will take all my money and then leave me. Now please help me in my case as i olways think of my kids. What will it effect them and how will i raise my 2 small kids without a job or qualification. And what if i die sunday then who will take care of my kids in life.
Sayaree Ganguly
Responded 4 years ago
Lodge a complaint under sec 498A before the local police station.
Thereafter file a case of domestic violence and also claim maintenance for yourself and your children under sec 125 crpc.
Else you can also file a case for divorce and claim a good amount of alimony or maintenance for yourself and your children.
Thanks.
Suneel Moudgil
Responded 4 years ago
if you want to live, then, try to settle the matter amicably with your husband involving elders/relatives/friends etc, and if you do not want to live with him anymore, then, still, try to settle the matter amicably involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish, and claim some alimony from him, another option is to file contested divorce on the grounds of mental cruelty, physical abuse but it will take around 3-5 years, you can also file/claim 498a complaint, Domestic Violence case, maintenance.
the version of your sister is also doubtful, once married, she can't take care of you as she will be occupied in her own life (husband, kids, etc) think tonnes of times before going for divorce as living alone, with or without kids, will be really tough.
Shreyash Mohta
Responded 4 years ago
1. Lodge an FIR in the local police station for such physical abuse and also complain for demand of dowry [As such a case of 498A will be proceeded against them]
2. File a case of Domestic Violence u/s 12 of the PWDV Act and claim maintenance and further reliefs [By this you shall get maintenance for you and your kids and if possible also a separate accommodation]
3. File a case of 125 Cr.P.C. and claim for maintenance before filing of Divorce.
4. File a suit for Divorce on the grounds of [cruelty, physical abuse, torture, non maintainability of children, destitution and vagrancy] [By this you shall claim a good amount of alimony]
Taking into consideration that your children are of 2yrs and 4yrs the custody of the child shall go in the mothers favor as the mother is the natural guardian. As such you shall also be allowed to claim maintenance of the children and their well being. Also that you are a housewife, having no income and job it is very difficult for you to run the family and your mother has also expired. Hence, in this case you and your children shall remain at the mercy of your sister with whom you have come into talking terms only now after 6yrs. As such there is no support and the whole reliance was upon the matrimonial home.
Get a good lawyer and build a strong case. Trap them from all possible areas and get maximum recovery.
You can consult me directly and I shall be happy to help.
Thanks
Adv. Shreyash Mohta
You should not think in negative way. The nature will take care of your children. If you are not comfortable with your wife it is better to apply and get divorce by paying some alimony to her and take custody of both the children.
Thanks.
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