• Divorce and custody of my baby child he is eight month old

I am hindu bengali age 29yrs old married by hindu law and not by any legal terms its been 2yrs since my marriage now i have an 8 month old baby and my Husband keeps on torturing me torture me only mentally so far he even insulted my parents many times and keep me like a prisoner in the house its been 3 months since now i am living with my parents ..he is a very bad person i asked him for mutual divorce but he rejects it and threatens me that he will not gave me divorce and will ruin my life.He even came to my house few days back and shouted at me and my parents pls help at the earliest and advice me
Asked 7 years ago in Family Law
Religion: Hindu

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17 Answers

Hello,

File a case of divorce on the ground of mental cruelty, if in case he is not agreeing for the same. 

Also, you may file the case of maintenance and may claim maintenance for your self and for the child. 

Regards  

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

See firstly file a police complaint of domestic violence and mental cruelty at the jurisdictional police station then file a divorce on ground of cruelty under section 13 hindu marriage act. Further since child is in your custody if he files for child custody same can be contested and since child is such tender age he won't be given custody.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

you can file for a contested divorce against your husband on grounds of cruelty which is a valid ground for divorce under section 13 of the Hindu Marriage Act as aforesaid actions of your husband definitely amount to cruelty upon wife.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

You need to file a domestic violence complaint against your husband u/s 12 of the DV Act.

Also, seek maintenace from him for sustenance of yourself and your child.

If dowry related harassment is also meted out to you, approach the Police requesting them to lodge a FIR under section 498a and the other related sections.  

 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

first of all you should prepare a complaint of all tortures and humiliations you are facing in your house. You should prepare it under the guidance of an advocate. File the complaint in CAW Cell and file a petition u/s 12 of Domestic Violence Act and petition for divorce. It can be a little longer way to get justice but these would be safe remedies for you.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Lodge a general diary, go to govt hospital make a medical report of mental violence as well as physical, then file a domestic violence case, it will work wonders

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

Dear client, 

First of all file criminal complain of domestic violence and application in court for maintenance.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

file for divorce on grounds of mental y

 

2) husband abusing wife and in laws amounts to mental cruelty and is ground for divorce 

 

3) seek interim maintenance for yourself and child 

 

4) also seek alimony and custody of child 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Have you registered your marriage? 

 

2. If not then do you have the evidence of your marriage like invitation card, photograph of marriage etc?

 

3. If yes, then collect evidence of his said mental torture by audio/video recording his conversations and then file a divorce suit on the ground of cruelty submitting the evidence in support of your allegation. 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. It is not clear why your husband is behaving in this manner as this conduct is surely nor normal unless driven by his grudge or greed for money.

2. Sp talk to him to find out the reason.

3. Ask your parents to come and meet them in person to defuse the tension.

4. If all such amicable means fails to resolve the crisis then you are free to file case u/s 498A IPC and also case for maintenance under PWDV Act.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1) You can make complaints against him in local police station under Domestic Violence act.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Madam,

It is better to you file DV case against your husband and you can claim claim maintenance, custody of child, residential rights and compensation through the application under the said act.  After that only you can think about divorce.  First you get financial support by your husband through court. The following proforma of DV is as follows:

PRAYER

                HENCE THE APPLICANT HUMBLY PRAYS

  1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
  2. Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
  3. Pass orders u/s 18, in totality against Respondent1 to 3,
  4. Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
  5. Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
  6. Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition.
  7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
  8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

 

 

 

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

You should  file a complaint against him under the domestic violence act. Cruelty and inhuman behaviour has also been stated by you so they should also be made grounds for divorce. In the meanwhile since you are living separately with your mother you should file an application for maintenance.if the court feels Nd arrives at the conclusion that he has done what you have stated then it will grant divorce irrespective of the fact whether he wants divorce or not.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

If the situation is intolerable and you have no other alternative remedy then you may file a contested divorce case on the grounds of cruelty.

Don't be frightened about his threats, you may approach police for protection and legal action against his atrocities.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

you can file for divorce on grounds of cruelty. Upto 5 years child custody remains with the mother, so no issue of custody in your case. But the fight will be long.  Collect strong evidences for his acts. After 6 months stay at your parent house, you can file the petition.

 

Before that, try to talk to him once more with love and passion, he may change and you both live happily in view of your child future.

 

All the best

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

You can file Divorce against him. You can also file maintenance against him vide family court, domestic voilence Act and 125 crpc application.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. Since he has refused to go for mutual consent divorce the only remedy in your hands is to file a petition for dissolution of marriage on the ground of cruelty.

2. Apart from above you may also seek your remedies under DV ACt to seek maintenance and monetary compensation from him.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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