Hi, you can file domestic violence against your in laws .. You can also lodge a FIR under 498A ..in addition you are also entitled for monthly maintanance for yourself and for your son .. File a monthly maintanance under 125 Crpc .. There is no need to be depressed .. You have every legal rights to high for the injustice.. It was a bad phase , fight for your rights and start a new life
Divorce filing
My husband asked me to leave his. Now I and my 4.5 years son are living with my parents. He was involved in Extra marital affairs, drinking and smoking joint. And i do have all the proofs like recordings, videos and photos. He used to hit me as well. My father-in-law also once did eve teasing once on 7 nov,2014 but i never said anything to my parents about this. Now that I am living with my parents he used to call me and threat me for divorce. I am in depression due to all this and my treatment in going on since last 1 year. I and my son don't to leave with him anymore. Our marriage is registered from Bhiwani Haryana. However I am from Bihar and his native is Haryana but they live in Delhi from last 15 years. Please guide me what can be done in this matter. I want justice for me and my child.
Asked 8 years ago in Family Law
Religion: Hindu
7 Answers
1.DO not give him divorce at all and rate take allmeasures to give hard lesson to this bloke and his father.
2.First file a case u/s498A,406,323,389,504.506,509 of IPC agaisnt your husband and his father.
3.then file a case under PWDV Act for monthly maintenance and right of residence.If thew court wishes it can ask your husband to leave his house and allow you to live therein with the child.
4.FIle the case at the place of parental home.
File DV case against husband seek alternative accommodation, maintenance for yourself and your kid , compensation for mental torture undergone by you
2) file for divorce on grounds of mental cruelty seek interim maintenance abd alimony from husband
File a petition for restitution of conjugal rights since you have been deserted by your husband without any sufficient cause. Seek interim maintenance by way of moving a a separate application before the Court.
Also file a petition under the Domestic Violence Act.
File a petition for regular maintenance, seeking expenses for subsistence for self and the child.
Hello,
If you want to file divorce then the same can be filed either where you two last resided together or at a place where he is residing right now.
You can file an FIR against him, you may file a case of maintenance (in delhi) and you can file the divorce and claim alimony.
Regards
If you have decided to quit this married life then you can file a petition seeking dissolution of your marriage by a decree of divorce on the grounds of cruelty and desertion.
In addition you can file a domestic violence case, maintenance case against your husband and his family members.
You can even decide to lodge a criminal complaint against him for cruelties under section 498a with the local police station.
You may consult a local advocate and proceed as per his advise on all such further issues.
Dear Concerned,
At this first and foremost important for you is to file a case of Maintenance for yourself and your child and simultaneously file a case of Domestic Violence against your husband and father in law. As you are staying with your parents in Bihar (assumed as per notes above) it is advised to file a case in Bihar itself as - coming to Bihar and contesting the case will become painful for your husband and settlement might be arrived soon.
Best of Luck
