• Husband is not taking responsibility of child and wife

Hi
I m a working mother. And my maternity leave will be over by this month end. It's been 3 months my husband didn't come to see the kid. We had little argument related to kid's name without telling me he has made the birth certificate and afterwards trying to convince. He is constantly harrasing me asking my salary.. what you will do with your salary. Even he asks me to give money for household expenses. Every month I used to give 12k and before baby born and after that also I have paid all the medical expenses. Also said he can't take care of the child's expenses till 6 months. For which I agreed and i m only taking care of my child. Now it's 6 months completed when I call him or msg him he is not responding. He said baby is only my responsibility till one year and after one year he will take the baby from me. He is also lying alot to take money from me. He wanted baby and he promised he will take care of everything. But he is acting smart by giving me all the responsibility alone. Which I m unable to do as I have to join back work now to feed myself and baby. Also he tells he won't give any money to my basic needs.. I don't know what to do I called him continuously. But he is telling he takes the baby legally. When I asked him I have to join back to work he is not telling anything. Now he is avoiding me and baby. His family members also not good. For small small things they are telling me it's wrong. And my husband is sharing everything to my mother in law which she dominates on me alot. I need ur suggestion what should I do in this case? My mother in law said not to enter her house also sent back my debit cards telling she doesn't live here.
Asked 5 years ago in Family Law
Religion: Hindu

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12 Answers

1) file for divorce on grounds of mental cruelty 

 

 

2) seek interim maintenance and alimony from your husband 

 

3) seek sole custody of your child 

 

4) you can also file DV case against husband seek maintenance, alternative accommodation, custody of your child , compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

You can file maintenance application under section 125 crpc as well as before family court.  You can also file maintenance under domestic violence Act

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

You should file for maintenance case against your husband seeking maintenance from husband for yourself and your child see husband cannot be forced to take care you can seek divorce from husband .

Further for this harassment a criminal case against husband can be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1) You can apply for separation of marriage , take alimony and monthly maintenance from him for you and child. Don't give him divorce.

 

2) Child custody will remain with mother till he is minor.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

You can file DV and also you can file 125 crpc maintenance along with child maintenance.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Why are you continuing in such an abusive marriage?

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1545 Answers
5 Consultations

4.4 on 5.0

Hi, it is advisable to file for custody of child and maintenance application u/s125 crpc  seeking monthly allowance for yourself and the child 

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Dear Madam,

There are several enactments in favor of married women.  You must show heat of the litigation to your husband and mother in law otherwise you cannot sustain in such unbearable atmosphere.  You can file Domestic Violence case. 

File Domestic Violence case seeking following reliefs:

 

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
4952 Answers
27 Consultations

4.8 on 5.0

Dear Sir,

You husband seems to be money minded. Just enter the matrimonial house and be strong and file DV case seeking following reliefs. Please take second opinion.

=============================================================================

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.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

File domestic violence case against your husband and family members who have harassed you and ask maintenance for your child, residence order for yourself, permanent custody of the child and protection orders for you and your child.

 

Rajkumar Tiwari
Advocate, Vasai Virar
7 Answers

Not rated

  1. It is very unfortunate to listen this kind of story about the in laws behaviour and husband denial of taking responsibility.
  2. You need not to worry about anything, if you wish to go back in the same house then you will have to file a DV case against your in laws and you will get the protection from court and will be allowed to stay in the same house and they can’t do anything and if they do then would go behind the bars for the contempt of court order.
  3. And also you will get maintenance for your child in the same DV case wherein you will not to file any separate section 125 of Cr. P. C.  for maintenance.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

Since these issues are trivial in nature and between the husband and wife, it can be solved in the passage of time.

However if you are very anxious about this as well as the future of the infant, you may plan to take it up legally by first issuing a legal notice to him asking him to bear the expenses of the child and to pay a monthly maintenance amount to the  child.

If there is no response from his side then you may file a maintenance case seeking maintenance for your child under section 125 cr.p.c. 

But this legal step may widen the gap between you both and the consequences may not be desirable.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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