• Mother in law creating problem

Its been a 5 year of my marriage.my MIL she is very jealous with me when she see me happy with my husband.my husband only listen to her.he doesn't want to discuss or listen anything abt her.He is ready to leave me if i say i dnt want to live with her what to do.As her mother always show him a dream of marrying again.wat to do.My husband is short tempered if i discuss anything abt MIL,he always get angry and hit me.we are living separately for a year now as he moved to US .i dnt work and am living with my parents,i have a son who is 4 year diagnosed with autism.he doesnt send me money as i m living with my parents. Wen i ask for money he always says go and stay with mom.Den only i ll send you money.She doesn't love me and neither my son coz he is autistic,y should i go and live with her.what should i do.please help me
Asked 3 years ago in Family Law
Religion: Hindu

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10 Answers

File complaint against husband d under DV act seek alternative accommodation, maintenance fir your self and child

2) you can also file application under section 125 cr pc and seek maintenance from husband

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

ma'am,

your husband is guilty of not only cruelty towards you and your son, but also guilty of abandoning you and not providing you with sufficient means in order to maintain yourself and your child. you should file a claim for maintenance but before that, a legal notice should be given to your husband so that maybe he comes to his senses and starts looking after you. the behavior exhibited by your husband is extremely cruel and condemnable

regards

Rahul Mishra
Advocate, Lucknow
13048 Answers
42 Consultations

5.0 on 5.0

1. If your husband is not sending money either for you or the child then he is committing a great crime.

2. So even if you do not wish to dissolve the marriage you can file a case for maintenance under PWDV Act .

3. As per the said Act you are entitled to 1/3 to 1/4th if income of your husband , Since his present salary is much your entitlement is also larger.

4. So first proceed with the case of maintenance and if it does not correct him then think f filing more cases like case under 498A IPC or case for divorce.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
363 Consultations

5.0 on 5.0

You need to first decide whether to continue the Marriage or divorce him. If you want to continue the Marriage You need to listen to him or you can also take legal action against your husband and in-laws. You can also file case for maintenance under domestic voilence Act and 125 IPC.

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

1) You can file a case against him for alimony and monthly maintenance for you and your son.

2) Here problem is not with you but with him. One who doesn't care for his own child who is suffering from autism. Atleast for son he has to take care.

Ganesh Kadam
Advocate, Pune
12193 Answers
151 Consultations

4.9 on 5.0

You can try the legal options for seeking maintenance amount from your husband.

But that will create problem and may create problems in your married life and may even endanger the marriage itself.

You hav the options to file domestic violence case agaisnt your mother in law and maintenance case against your husband but how far will you be able to sustain the legal problems in the married life, decide when things are still under your control.

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

You can pray for residence orders under DV Act 2005 along with maintenance order for you and your autistic child under same act in family court by filing a complaint against your husband.

The court would consider all the these facts and would award you a considerable amount , around one-third to one-fifth of your husband's income, in the form of maintenance.

You also also file for divorce on grounds of cruelty by husband and in-laws.

Siddharth Jain
Advocate, New Delhi
5759 Answers
83 Consultations

5.0 on 5.0

Live with her mother or file for maintenance.

Yogendra Singh Rajawat
Advocate, Jaipur
21439 Answers
31 Consultations

4.4 on 5.0

Hello,

File a case under section 125 of the Cr.P.C. and claim maintenance from your husband.

Also you can file a case of divorce on the ground of cruelty

Note that you can not force a person to live with you, if you think circumstances are not right it will be good if you separate.

Go ahead and file a case of maintenance.

Regards

Anilesh Tewari
Advocate, New Delhi
17870 Answers
335 Consultations

5.0 on 5.0

Yes you should approach Hon'ble Family Court and also seek joint Mediation session. If it doesn't work your husband is legally bound to pay maintainance to you and your child.

Mohit Chugh
Advocate, New Delhi
11 Answers

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