• Divorce under special marriage act and child custody

Hello, i am a hindu married to a muslim under special marriage act foe the past 7 yrs. last yr we had a bad boy in october. His family os unaware about our marriage under this act for them we performed nikaah in 2012 but i havent signed any documents nor have i changed my name.  my husband has 1 elder bro, 2 younger sisters n father mother passed away in 2002. My husband is the only earning member and hence had taken up the house responsibilities which i was told about same time me being the only daughter and my mother being alone as i lost my father at the age of 9 yrs i too had some responsibility financially. It was already agreed between me and my husband tht i will help my mother financially to clear the loan and he too will fulfil his responsibilities by getting off his sisters married for which he had fixed an amount of 2 lakhs each and it wud take 2 yrs. after we got married i moved with him as he was settled abroad. After 2 months i got a job and life started. But soon we had problems initially he started insisting me to get converted in islam although it was agreed and accepted that i will practice my religion and only then we got married. We were not having a husband and wife relation even coz he felt tht since we are not married by islamic way its not legal to have relation. He always use to be busy talking or solving problems in his house, and neglect me, half of his income he use to send back home. While doing so he started ignoring and restricting my basic needs. i too had to send money to my mother but some percent of my income was spent in our house. My husband always gave preference to his sisters other than me even basic grooming was refrained to me. Having said tht there were times tht we use to do hoteling since i am a bog foodie. He feels tht providing me with food, furniture and clothes he has done great things for me. Soon i fulfilled my responsibility and started giving all my income to our house, but his responsibilities kept on increasing. He got his brother married, later his sister was married and the expense was around 10 lakhs. While i was pregnant he said he was going through rough times and so cannot financially help hence initially my mother took care of all the expenses. Then he sent some money but since my pregnancy was complicated too much money was spent. Soon i realised tht he has arranged his other sisters marriage costing around 8 lakhs. I worked for almost 6 yrs and have earned around 30 lakhs but not even a rupee is been saved on my name. I have understood that all my money he is been using for family. Even though we are staying together and have a child i dont feel happy even for a smallest thing he is giving me no liberty i have no rights as a wife i know nothing about his financial things, due to the birth of our son i quit job and so i am totally dependent on him and even buying a comb is not possible without his interference. I am fed up i just want to get a separation and want my child's custody. There is so much of emotional torture he is making me undergo which i cannot describe plz help me
Asked 2 years ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1. It appears you want divorce for which you can file such suit for divorce in the court where you stay or going to stay on separation.
2. If you keep the child with you then nothing to worry as you need not do anything for his custody.
3. Since you are not earning for your livelihood, you can file case for maintenance u/s 125 crpc or u/s 12 of PWDV Act against your husband.
Devajyoti Barman
Advocate, Kolkata
5146 Answers
54 Consultations
4.9 on 5.0
File divorce petition if you have child with you all right otherwise ask for child' custody and also maintenance for self and child.for detail please call if so desire.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1) it is suggested that you both visit a marriage counsellor . 

2) if counselling fails apply for divorce by mutual consent . in consent terms mention that custody of child will be with you and husband would have visitation rights . 

3) your husband should pay for child maintenance . it is the responsibility of both parents to take care of the child . 

4) in the event of contested divorce you will get child custody
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
1. If your marriage has reached a point of no return and you consider it impossible to stay with him under one roof then the only viable option is to file for divorce. 

2. Along with divorce you may sue him for maintenance of your child as child support is the joint responsibility of both parents., 

3. If he refuses to give the custody of your child then you may apply to court for child custody.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
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better if you go for MCD after deciding all issues
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0

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