I got married in 2006 to a airforce officer hailing from Surat. Currently we are residing in Pune. I have a 3 year old son. Me and my husband are not getting along on many terms there is no support from him in looking after our son inspite of the fact I have left my flourishing career, there are heated arguements and harassment almost eveyrday, undue interferance from mother in law and his brother, prolonged domestic violence. I do not think it is possible for us to reunite again cos this time its about my son. I need a legal advice as I am seeking seperation from him , Can I file a divorce case from my side if I file would I be having any right over financial settlement with him for alimony and share in his propoerty?? What about alimony as I am not working and have a son to look after also would my son be having right on his property and grandfathers property? Please guide
Asked 3 years ago in Family Law from Indore, Madhya Pradesh
Hi, you can file a divorce on the ground of cruelty and also sought for maintenance to yourself and your child and from your narration you are not working and it is the duty of the husband to look after wife and child and quantum of maintenance is depend upon the financial capacity of the husband.
Applying for divorce is your legal right. If there is marital discord then you and your husband may together apply for joint divorce if there is mutual consent to end the marriage. If he does not agree to joint divorce then you may unilaterally apply for divorce.
You can claim financial support from him by filing a case for maintenance. It is his legal obligation to lend financial support to his unemployed wife and children. Since you are unemployed you will get alimony on court orders.
You do not have any right in his property. Your son also does not have any share in the property of his father or grand father.
1) i suggest visiting a marriage counsellor to save your marriage . since you had a flourishing career in past you may not get maintenance .
2) your husband would be bound to provide for maintenance of minor child
3) if you want divorce better file for divorce by mutual consent . contested divorce petition take years to be disposed of .
4) you and your son dont have rights in self acquired property of your husband
it is advised that if you decide for divorce then go for mutual divorce and in that decides the all the issue as to alimony and custody of child
Advocate, New Delhi