Family law Family law

4 years ago

We have been married for 3 years and I recently had a baby. I am a working mother who has single handedly supported the child so far and the family even before the child. My husband took partake only in some over head payments. However had zero committments towards spending for us both and for the house, saving, investing or for pregenancy. He has debts from before marriage and responsibilities with regards to his parents and married siblings who continue to be dependant financially. The same responsibility has not reflected in our marriage. To top it all, his parents demand them to be made my first priority in my life, expect me to seek their approval for every aspect on my life. My husband lives in my expense. He spends all of his on his folks and their debts, none of which was ever discussed with me before marriage or after. The post marriage discussions have only led to arguments and him walking out on me. I feel cheated most times that I was made to believe that I would be married into a relationship where both spouses have equal responsibilities in expenses and emotions. While I am at my parents' place post delivery, my husband shows no responsibility towards the child yet. He would visit us frequently, spend time with the baby however does not show any financial or moral responsibility other than the fact that he expects his parents be apprised of the baby's developments. In fact I am still paying for some of his expenses. Now husband demanded I return to our marital home while I asked for some more time to be at my parents since I need their support to look after the child. This led to yet another outburst and him walking out on me, vowing never to come back to my parents. It has been 4 months and no sign of him, He severed all communicatios with me, blocked me so to speak. He however continues to post pictures of my child on social media so as to claim his fatherhood. While my husband is financially dependent on me, emotionally traumatises me, does not have any responsibility towards the family, walks out as and when pleases and vows never to visit me or child, it gives me more reason to separate for good. Any self respecting woman with an ounce of morale would not want to be in a relationship as that. Please advise on how this could be taken up legally.

Kishan Dutt Kalaskar

Responded 4 years ago

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A.Dear Sir,
The description given by you is so lengthy, please make it short and re-submit, as experts have no time to spare as this is free and charity work.
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Vidhi Samaadhaan Vidhi Samaadhaan

Suneel Moudgil

Responded 4 years ago

A.if you want to remain in the matrimonial relationship, then,
try to settle the matter amicably with your husband involving elders/relatives/friends etc and start afresh, and if, failed, file Restitution of conjugal rights petition in the Court,
and,
if you want to terminate the matrimonial knot (advised), then,
try to settle the matter amicably with your husband 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,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you are advised to file/claim:
498a complaint (for causing mental, emotional, physical and monetary abuse, etc)
Domestic Violence case (for causing mental, emotional, physical and monetary abuse, etc)
you have rights to claim residence, protection, compensation, maintenance,
if you do not want to opt the divorce presently, you can ask for judicial separation also,
Call/mail for a detailed discussion/understanding
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Advocate Upadhye & Associates

Responded 4 years ago

A.Hi,

I think that the first step is to send him a legal notice so as to understand his defence.

Additionally, you can contact the Special Cell for Women and Children in your respective locality. This department has the authority to call him for a counselling session and you will have an opportunity to hear his side and also put forth your expectations.

If the counselling does not work in your favour; then you can file a divorce petition.
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Mishika Singh

Responded 4 years ago

A.Hello, I have gone through the brief of your case. Legally, you can separate from our husband and file for divorce. However, since you have mentioned that your husband is dependent on you financially, you are unlikely to get any maintenance for you and the child. Apart from that, you can opt for pre-litigation mediation in order to amicably resolve the issues between you and your husband.
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