Hi, I am married for 14yrs now and my husband has been physically abusing me since then. It has been an arranged marriage and every time i wanted to step out of this marriage elders have resolved and got us back together. We have 2 children, 13 yrs old son and 5 yrs old daughter. Couple of days back he hit me on my face with a coffee mug. I have a 3 inch cut on my cheek. Now I have decided to go for divorce. My husband does not work. We have a property which is in joint name of myself and my husband. He receives the rental income. He also has a small upcoming nutrition business from which he earns very little. I want to know - 1. What should be my 1st move. 2. I want to get the custody of both my kids. 3. I want to know how much of maintenance and alimony i can get in this case. 4. Also there are ancestral property which comes from my husband's grandfather. Is now in the name of my mother in law. In future how will my children be entitled for the same. Please help. Regards, Shwetha
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1. If you're not interested to remain in the marriage anymore then for the acts done to you , criminal case u/s 498A, 323, 406 IPC can be filed.
2.You can also File case for maintenance under PWDV Act.
3.The amount of maintenance would be around 1/3 - 1/4th of his income.
4. If you keep the child with you then his custody is safe with you as well and need not worry about the same.
Madam,
Your immediate move should be filing criminal complaint against him.
Since they are minor, You have clear visibility to get the custody of both of them. Even if it contested in court, your husband can get visitation right.
Since your husband not earning any salary, maintenance and alimony will be decided by court ( it is too early to comment ) .
As long as the ancestral property with your MIL, you can not claim.
You can be in touch with us for further discussion.
thanks,
adv.niranjan,
mob/whatsapp - .
1) file police complaint against your husband for having assaulted you
2) obtain medical report as to nature of injuries
3) file DV case against husband seek protection order, maintenance , custody of children
4) seek court orders to restrain husband from entering the house
5) court can award one third of husband income as maintenance
6)on MIL demise intestate property would devolve on your husband . your children have no share in property during their father lifetime . it is not ancestral property
Hi, at present lodge a FIR under 498A of domestic violence and file a application under 125 Crpc for monthly allowence for yourself and your Children .. If you file a divorce on bases of mental and physical cruelty , the alimony is decided by court ..you can file for the custody of your child ..If the property is inherited from great grandfather then your children will be having thier share as legal Heirs
1. Apart from the divorce case, ring up the police and show them your fresh would. Lodge a FIR against your husband for offences under 498à, 323 and 325. Also, move a petition for domestic violence.
2. To seek maintenance, file an application for seeking interim maintenance with your divorce. Quantum of maintenance and alimony that you're entitled to can be only decided by the court. In any case, you will be granted your 50% stake in the house jointly owned by you and your husband.
3. Children are entitled to inherit ancestral property.
As far as the ancestral property, you must make sure it is ancestral property only, if the property that belonged to your husband's grandfather was partition to his father and after that to his mother, then the property loses its ancestral character, hence your children cannot claim any share in it as a right.
If the situation at home is intolerable then you may decide to file divorce case on the grounds of cruelty.
You can quote the recent incident and the previous such incidences as reasons for cruelty.
For children custody, you can take the children with you, let him file child custody case which you can challenge properly before the court on the basis of merits in your side.
As far as maintenance, you can file a maintenance petition under section 125 cr.p.c. in the same family court and seek maintenance for you and your children, dont worry about his unemployed status, you may mention his income from all other sources in your maintenance petition.
The house in both of your names, shall be a jointly owned property, you have rights for 50% share in it.
