My husband showed me a divorce document from Oman (middle east) saying he got divorce there.
I was not present in Oman, nor he informed me in any way. He simply filed a case of divorce declaration in our native city Family court and forced me to accept.
My knowledge of Shariat Law says this Divorce is invalid as per Constitution of India. But he has been harrassing me and taunting me and my family based on this foreign country divorce. He is not maintaining me and deserted me and my son (who is a special child). I am in great distress as he is threatening me with custody battle etc and is rich enough to get top lawyers.... i am unable to work as i am caring for my son who is 5yr old. Kindly guide me as to the best legal option for us.
Asked 4 years ago in Family Law
Thank you for the suggestions.
Another issue is custody of the Autistic child. He filed fake Habeas corpus writ and alleged i am torturing the child (2017). The judgement ordered him to take us to Oman and maintain us in separate accommodtion while bearing ALL expenses of the child and the wife (divorce still not accepted/ in process in family court) This was to facilitate a healthy environment for the child to benefit from love and care of both parents.
However, he did not make any such arrangement even after a year, didnot try to meet the child despite visiting india 2 times. He sent insufficient amount for few months and now sends only 10k/ monthly despite earning ~4-5 lacs/month. He is mum on the following the verdict but abuses in name of Talaq everytime i try to ask for money to help with son's therapy. This month he again filed Habeas corpus and Contempt of Court against me.!!!!!! ...even though i was willing and waiting to accompany him with son. He is a master liar and thinks h e can manipulate court by pleading cruelty (i am not letting him meet the child.! Whereas truth is he never came..)
Caring for a special child and suffering all this mental harrassment is too much for me. I didnot file maintenance yet due to the judgement 2017 where court asked him to bear all expenses.
I have filed contempt of court against him. He withdrew the divorce declaration case from family court but the other 2 cases are pending (i.e Habeas corpus and contempt of court filed by him).
Awaiting date on listing of cases.
Any suggestion will be most welcome and appreciated.
Thanks and regards.
Asked 4 years ago
My husband has filed for custody of our son who has autism. He quotes that he can better take care of the child owing to his financial status. I have left parental house and cannot support myself or the child financially. I have filed Maintenance in lower court.
If the court gives him the custody of this child, what should i do.? I know that life of my son will be ruined and since he will be taken to Oman, i cannot accompany him or even get visa/ job there. Moreover, he is very difficult to manage now and he will be beaten up or drugged to control. I cannot support him either as i am unable to work with him/ afford a nanny to look after him or get a decent house on rent. A single mother with a special child doesn't get the safety or support in society and i am wary of falling in trap of wrong people. The child is miserable and v.agitated. I feel suicidal unable to send my child with his father ( give custody) or give him a decent life myself. Sorry for the emotional post but i have no support whatsoever.
Asked 4 years ago