My son is 5.5 years old and daughter 1 month. I have been living separately from my husband at my mother's house with my son since my 6th month of pregnancy with second child who is now 1 month old. My mother helped me during my difficult pregnancy and thereafter with physical support since last 5 months. My husband visits my kids once a week or twice as he is running a small business where he keeps busy. I am also a small shareholder in his company and currently on maternity leave. My rough equation with my ignorant in-laws which is affecting my child's behavior n upbringing, plus in-laws inability to adjust for peace at home even during my pregnancy (considering my physical inability to climb stairs as my room is on 1st floor while kitchen and my in-laws room being on ground floor) drove me to the point that I left husband's home and am residing with my widow mother in her house on ground floor. The constant agony for the last 5 months wherein my husband fought with me created huge stress for me during my pregnancy and thereafter, thus affecting my already weakening health. My basic and peaceful demand was to raise up our children in a better environment and so shift another place locally but my husband constantly doubts my intentions thinking that i am trying to separate him from his parents, which makes me doubt the sanctity of our relationship any longer. I am worried for the custody of my son who is willing to live with me only and too attached. I even proposed a professional counsellor to my husband but he is avoiding any conversation with me and complacent which is stressing me further as it feels I am the only one who is worried to make efforts save our marriage. My father-in-law is also ignoring my plea for support and any discussion even after I emailed him explaining my intent for physical convenience only plus bringing positivity in our relationships with temporary distance with our considering change in residence locally near them as both paternal and maternal grandparents would be able to visit us. I dont intend re-marriage and look for a solution wherein husband can visit kids and support. Kindly advise
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you can file for divorce on grounds of mental cruelty
2) seek custody of your children
3) welfare of children is paramount consideration .
4) also seek maintenance for your self and children
5) if you dont want divorce file DV case against husband and in laws
6) seek maintenance and custody of children
1. You have to set out your priorities. If you want to dissolve the marriage then you are free to file for dissolution of matrimony on the ground of cruelty against your husband. Short of dissolution of marriage you may file a petition for restitution of conjugal rights against your husband to seek a judicial decree to him to resume cohabitation with you.
2. If you apprehend that your children may be unlawfully uprooted from your custody then file a suit for permanent injunction against your husband and in-laws.
Hello Concerned,
You need to prioritize your requirements - the problem i see is the adjustment between you and your in laws specially due to issues on floor of residence. This can be easily sorted out if your in lwas agree to temporarily shift to the first floor of the house. You need to discuss this with your husband.
This is not an issue to which you should consider dissolution of marriage, separation etc you have young children and you just gave birth to a daughter hence it is suggested to sort out the matter - if needed bring in a common friend or relative to get the matter sorted.
Father being Natural Guardian of children above 5 years if pressed nicely will get the custody of the male child - if you go legal - as your husband comes and meets you once or twice a week continue the same and meanwhile try to make you husband undertstand the issues you have and let him sort those.
Best of Luck ..stay blessed.
1. you can retail custody of the child because you are a working woman and able to take proper care of your child.
2. generally father is the natural fuardian of the child above the age of 5 years but court can grant further custody to the mother if she is able to take proper care of her child.
3. if your husband is also agree for avoiding remarriage and retain this marriage with separate living, you can file a suit for judicial separation. this separation shall not repudiate your marriage and you will be the legally wedded wife and your all the rights will remain with you.
after taking decree of judicial separation you can reinstate this marriage any time with starting cohabitation. no need to file an another suit.
You can file DV case against them for torturing you to this extent.
In that you can seek protection, residential rights and maintenance amount for you both.
You can file even a divorce case against him.
