I married 10 years before n had 2 children meanwhile. But I had been never given a right of wife by by husband. In other words I am treated as servant only. After marriage of my husband' s elder brother his wife had been given all rights n she is now behaving like boss. That is there is no equal treatment to us. My family tried everything to console my husband but my mental harassment continued. My husband always asked money from my brother n for my wellbeing he give almost everything he had. I tried everything for last ten years to save the marriage but now conditions became worst n separated from him now leaving with my parents. Now he denied to send children to me. It is not possible to live with him now n at the same time I can't live without my children. What should I do? He don't wanna give divorce nor children. Can I file divorce myself?
How much would it cost?
Would I have Custody of children?
Can I claim compensation?
Please reply. I would be a great help.
Asked 4 years ago in Family Law from Nagpur, Maharashtra
by your name it looks you are muslim by religion. you may call me conforming same as marriage & divorce are governed by personnel laws
Advocate, Greater Noida
Hi, you can file a divorce case against your husband and also file case for custody of your children.
1) yes you can file for divorce
2) you will get custody of your children . husband will get visitation rights
3) you can claim maintenance from your husband for yourself and children
1. When the marriage becomes a trauma it is time to get out of it. If your husband is not willing to divorce you then you may unilaterally apply for divorce on the ground of spousal cruelty.
2. You may apply for the custody of your children by filing a case for child custody. He cannot be denied the right to visit his children.
3. It is the duty of your husband to provide financial support to you and his children. This liability can be enforced by you by filing for maintenance.