• Deny visitation rights to father and in-laws

Currently , i have a three month old child. My husband and in-laws started with mental harrasment and abuse during my pregnancy. Now they are demanding my entire salary and additional gold and money from my mother. I am currently at parents place with baby and my in laws and husband have not bought even a single set of clothes and  come emptt handed and abuse me verbally demanding money. There are recorded threats of physical harrasment and threats of killing me as well.
What are my options to file for divorce. Can i deny my parents , in laws and sister in law the visitation rights?
Asked 2 years ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1) refuse to pay your monthly income to  your in laws . if demands of gold , money are made file  case of 498A against your husband and in laws . 

2) you can also file case of DV if you so desire . claim compensation for mental torture undergone by you . also seek protection order against husband and in laws . 

3) you can file for divorce on grounds of mental cruelty . however you cannot deny your husband visitation rights of the child . you can seek child custody
Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
5.0 on 5.0
1)he is bound to maintain the child . you can move court to direct your husband to maintain child . 

2) lodge police complaint against your husband f he has threatened to kill you .

3)you can request court not to grant him visitation rights on account of threats to life made  by your husband . let court decide . ordinarily visitation rights are not denied to father
Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
5.0 on 5.0
thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
5.0 on 5.0
1)yes . you are absolute owner of flat . you can ask them to vacate your flat .

2) you can remove your jewelry etc from your flat 

3) only you can change nomination  as you are owner of flat . better make a will in your mother favour
Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
5.0 on 5.0
what does your husband do
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
you are nor require to pay him any thing as he is working
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
he will not be entitled to  any thing as at the time of your filing he will  working and moreover he is working for the last so many years
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
my pleasure
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
you wont have to pay maintenance to your husband since he is well qualified and earning a decent salary . just gather all evidence you have of his salary . even if he quits job you wont have to pay maintenance as with his qualifications and work experience he can get another job
Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
5.0 on 5.0
You have umpteen remedies in law against your husband and in-laws. 

1. You may file a case for dowry harassment against your husband and in-laws. Since you have in your possession recorded threats issued by them they may be staring down at a possible conviction in court. 

2. In addition to dowry harassment, you may also file a complaint for threatening to kill. 

3. You can apply for divorce on the ground of physical and mental abuse suffered by you. The recordings will once again help you to sail over the legal process and obtain divorce.  

4. In addition to all this you may file a case for domestic violence to claim maintenance and compensation for yourself and your child.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
You may successfully impeach your husband's right to visit his child. File a case for child custody and contest his right to visiting his child. The final word will rest with court. It may or may not allow visitation to him.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1. Do no agree to any demand to pay a portion of your salary to them./ They have no right on your salary.

2. Since the flat has been purchased by you in your name the ownership thereof lies with you alone. You can issue a legal notice to them to leave the flat, failing which a case for eviction can be filed against them.

3. You can remove your belongings at any time. If they obstruct the process then seek police assistance.

4. You alone can change the nomination. None else can.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
You are under no obligation to maintain him. His claim for maintenance cannot survive the test of law.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0

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