• Mental cruelty by husband and in-laws

Hello Sir/Madam, I am 33 years old woman residing in Mumbai. I am married since May 2008 and have a baby boy who is 3 yrs 3 months old. I am a Ph.D holder in chemisty and working with a pharmaceutical company.  After marriage I was staying in a joint family with my In-laws and brother in law and co-sister in law n their daughters. There was continuous problem in my married life and there was constant dominance and humiliation of my In-laws. there was a dominance of my Brother in-law and my husband also. Due to this I went back to my parents house twice. And after second time my husband got agreed to stay separate from his family. Now we are staying separate but unfortunately in the same building just one floor above my in-laws house since one year.  Still there is constant interference of my in-laws in our married life.  Now my husband doesn't come home at night many days and sleeps at my in-laws place, if I ask him about his where about he humiliates me. He consumes alcohol, tobacco also. He also tells me that if I want to go back to my parents place he will not allowIn my son to come with me and that is my biggest worry. He also says that he doesn't want to take the responsibility of mine and my son.  If I am asking for divorce by mutual consent then also he is not ready to listen and abuses me. Also would like to tell you that i am going to get green card visa through my dad in near future...however my husbands name is also there in the petition filled for US. However if he doesn't come for visa, will that make me not eligible for visa. Thanks in advance....awaiting your legal advise....
Asked 1 year ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1)you can file for divorce on grounds of mental cruelty . 

2) you can also seek custody of your son 

3) since your child is only 3 years old court may award you custody of the child 

4)in the alternative court may award you joint custody of the child wherein  child stays with you for 183 days and with father for 182 days . 

5) you can also seek maintenance for the child 

6) contested divorce cases take around 5 years to be disposed of 

7) mutual consent divorce would take around 6 months 

8) if your husband is willing both can settle down in USA away from constant interfernce of your in laws 
Ajay Sethi
Advocate, Mumbai
23142 Answers
1215 Consultations
5.0 on 5.0
1) you can continue to stay in same house and file for divorce 

2)it is your matrimonial home and you cant be forcibly evicted from said house
Ajay Sethi
Advocate, Mumbai
23142 Answers
1215 Consultations
5.0 on 5.0
Hi, you can file a petition for divorce on the ground of cruelty against your husband but in the petition for divorce the burden is cast on you to prove your case so it is better go for mutual consent divorce if your husband agreed for the same or else you have no option go for petition for divorce on the ground of cruelty.

2. Apart from the above you have the options to file a petition under domestic violence act ask for residence order and so also maintenance in order to bring the pressure on your husband you can also lodge a police complaint under section 498/A ipc for embarrassment.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Separation from each other can be defined even while both are living in the same house under the same roof but separately.  Whether or not, being his wife, you have full rights to stay and live in your matrimonial house, your husband cannot awns you out of it, it can be considered as domestic violence. 
For green card visa process,showing separation, you can seek for process of your visa alone.  The child upto the age of 5years can very well be under your custody and after that you can seek its custody if you want to live separately from your husband.
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
You need to prioritize what is more important for you , getting your married life back on track or separation or getting the US visa. 

a. Speak with your consultant if you can be main applicant in the Visa as your qualifications will support your independent application and your son as dependent. 

b. You are already in a flat that has been rented /owned by your husband in which you are currently staying, even if you file for Divorce and maintenance, you have your rights to stay in the house you are staying in. In fact dont leave this flat, till your issues settle down.

c. The stepping stone for Divorce is domestic violence complaint. Whenever your husbands creates a scene now, call the cops and file a complaint under DV. Once done claim all the releifs under DV and Maintenance laws. 

d. Do name everyone involved in your harassment in the   complaint. If this complaint procedure happen befor your visa process ~ inform the consultant to make changes where ever/ whatever required. 
Atulay Nehra
Advocate, Noida
433 Answers
15 Consultations
4.7 on 5.0
1. What do you exactly want?

2. If you want him to appear for the visa process then you have to persuade him on your own. No court can direct him to do so.

3. You are at liberty to file for divorce on the ground of cruelty as his conduct amounts to cruelty.

4. No separation period is required to file for divorce. You have the right to stay in your matrimonial home till such time that divorce is granted by the court. Alternatively, you can file a case for domestic violence to claim separate accommodation at the expenditure of your husband.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0

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