• Harassment by inlaws and marriage on false grounds

Hello sir, I am priti from rajasthan
I got married last year in march. since the day one my in laws started torturing me for dowry and they started calling names for me n my parents..my husband is completely in their control..though he never abused me physically but mentally harassed me many time for doing what his parents want. we both are working on equal posts n earning same..in jan I delivered a baby girl and since then none my in laws visited me..they left me in hospital just after my delivery bcz I delivered a baby girl. after that I came to know my husband is suffering from a disease craniopharyngioma since his birth..it's a kind of tumour grows very slow in brain..my husband told me that it's causing problem since his childhood but when I asked his parents then they blamed me for his disease..since 4 months m at staying at my mother's home..no call from in laws. my husband was operated in march this year n I stayed in hospital for 20 days with him n left my two month old dauther with my mom..they ppl never visited their daughter in law nor my husband ever told them.when ever I use to go in husband's home they do abuse me n my parents n tell me to get out of the home. my husband is least supportive to me. his family history is not good all of his aunts n his father too have filed case on their respective spouse for years. now they ppl r forcing my husband for same. plz suggest me what should I do, if I file for divorce what would b my rights n will I get maintenance for my daughter. i want to get out of this situation as m the only one to take care of my daughter. plz suggest.
Asked 8 years ago in Family Law
Religion: Hindu

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4 Answers

1) ) file case of dowry harassment against your inlaws and husband under section 498A of IPC

2) also file for divorce on grounds of mental cruelty

3) seek maintenance and custody of your daughter

Ajay Sethi
Advocate, Mumbai
99988 Answers
8162 Consultations

1) custody of daughter would be awarded to you only

2) husband would only get visitation rights

3) you would not get maintenance as there is no difference in your incomes

4) you can seek maintenance for your daughter

Ajay Sethi
Advocate, Mumbai
99988 Answers
8162 Consultations

If you think that divorce is the only solution to this situation you may decide to go ahead.

Never take any decision in haste.

If the parents of your husband are involved in such tortures, you may file a DV case against them so that they are taken into task for their deeds.

However please remember that your husband is liable for paying maintenance to your child he cannot say no to this.

T Kalaiselvan
Advocate, Vellore
90190 Answers
2506 Consultations

mentioned I am a working women. m I eligible for alimony n maintenance. and they ppl threatened me that they will snatch my daughter from me. can my husband get custody of my daughter.

Getting custody will not be possible for him until the child turns 5 years old.

Dont allow them to snatch the child, you should be vigilant about it.

You can claim alimony but you have to prove that your income is not sufficient to sustain your life.

T Kalaiselvan
Advocate, Vellore
90190 Answers
2506 Consultations

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