Hi This is with respect to my previous post Husband is not taking responsibility of child and wife As per the suggestion I have filed for maintenance through a local lawyer still there is no response from my husband nor from their family. Now my daughter is 8 months old and to full fill our basic needs I work part time from home as I don't have own house to stay. In these 8 months he hardly visited to see our daughter. He did not come to see her for almost 4 months later when his cousin had interfered he used to come once in a week for 1 he to spend with her. Initially I used to ask him I won't be working after 6 months what shall we do. When will u take us. He used to say vaguely still time is there why you are worried. Be in ur parents house for 1 yr for which I did not agree. As he never taken any financial needs of mine nor my daughter till now. Even before her birth also I had to share financially plus all the household chores. I m really not wishing to continue my life with that person. Who has left us like this. I m well qualified to take care of myself and my baby's needs. Can I get a sole custody of her ? How long will it take? Since she needs me always I won't be able to leave her and go. For each and everything he used to ask me to share equally. Which he never did. Never taken care of me nor my child. Before her birth only he was telling me to save for her education. Even if I make a decision to go back for her he will ask me money for everything. Even his family members telling to share equally since he is over burdened . He earns good salary. Still he wants to save money and spend from me for most of expensive things. I never thought after marriage my life would be like this. I thought my husband will provide basic needs for me. I want to know one thing is there any law that states if an women is working she needs to share equally financially after marriage. ? Even he doesn't allow me to give money to my mom. I really don't know what should I do. As the baby is small and I m struggling alone to raise her alone. He says baby is my responsibility till one yr. After that he will take baby from me legally. During all these he called my brother in law and said we are the most uncultured people and he will give divorce to me. That time my baby was just 3 months old. I got to know this 3;weeks back. When I called my husband to ask this he never responds nor my father in law. And trom last ,3 weeks he stopped coming to see the baby which he used to o do once in a week
I also asked my husband to bear her basic needs as I don't work after 6 months for which I never got any response.As I m from a lower middle class family it is necessary for me to earn for my living
file DV case against husband seek right to stay in matrimonial home , maintenance for your child , compensation for mental torture undergone by you
2) if you don’t want to stay with your husband file for divorce on grounds of mental cruelty seek interim maintenance and alimony from husband
3) you would get sole custody of your child
4) expenses of child have to be shared in proportion to income of parents
You can seek maintenance from husband if you are not working or there is substantial differences in your income
1. This is more like a personal compatibility problem than a legal dispute which warrants legal intervention.
2. So try to resolve the dispute amicably than seeking legal recourse.
3. Spend time with your husband more in private or go to holiday trip.
4. If you file case then would not be granted with maintenance but for the child half of maintenance can be directed against your husband.
4. If after repeated efforts your husband does not agree then think of filing case under PWDV Act.
See you will get custody donot worry if you don't wish to continue life with the person you can file a complaint of mental cruelty against him under DV act can seek compensation and maintenance from him.
And can file divorce on ground of cruelty against the husband.
Also seeing tender age of child and he has deserted you and child you shall get the custody.
See it is not about necessity it is about you are not position to earn so it is his duty to maintain you.
This is what you get from a local quack. Don't you require expert legal assistance?
Wife can file domestic violence and maintenance applications under 125 crpc and domestic violence Act. She can also file divorce and maintenance before family court
Dear Madam,
You are unnecessarily worrying. All Indian Laws are in favor of married woman. Many married women in fact misusing the same. Yours being a genuine case you ought to projected your case correctly got interim orders of maintenance immediately. You and your child have many rights over your husband as follows.
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PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
Dear Madam,
There are several enactments in favor of married women. You must show heat of the litigation to your husband 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
As per Indian Courts, maintenance awarded to a wife is not a bounty and it is awarded to her for her survival and wife entitled to lead same life style while she was with husband.
Husband May Beg, Borrow Or Steal To Maintain Wife And Child, file application in court.
Dear client
You should also file a case of Domestic violence act against your husband and family by stating the fact that they handle you with cruelty and diserted you after birth of daughter.
The petition will be filed under section 12 Of Domestic violence act and in the prayer you will claim for accommodation, maintenance for you and your daughter, security from husband and in-laws and punishment for the cruelty they done with you. In this petition if they don't provide you accommodation or you don't want to live with him then court will award monthly rent separately from maintenance from husband.
Also you should file a police complaint under section 498 A for cruelty by husband and relative.
And also he can't claim the custody of child after 1 year don't worry about this.
If he not appearing before the court then ask the court to pass ex parte order.
Do not worry about the delay, you will get the maintenance from the date of filing of the case.
Regards
Since you have filed maintenance case, you my follow it up properly. It is not that just becasue you have filed the maintenance case the court will pass an order immediately.
The court will hear both the sides and then decide about the grant of maintenance as well as the quantum, hence it will take at least one year to get any decision from court in this regard.
The child will remain in your custody till it attains 5 years of age and after that if he wants custody, he may have to file a child custody case before court of law.
There is no use in asking him to bear the expenses of the child if he is reluctant, therefore you can enforce the same only through court of law by the maintenance case alone.