I don’t want to live with my husband anymore but we have a 1 year old child together. I currently live with my in-laws. My husband, father-in-law and sister-in-law work full time jobs, however, my mother-in-law is housewife. I am working part-time. At my in-laws home, currently, there’s maids for cooking food, cleaning the house and doing dishes. My mother-in-law is busy most mornings and evenings. She gets free in the afternoon from 1 pm - 6 pm and at night after 8 pm. She goes out sometimes in the afternoon. With regards to the child, I’m ready to keep it with me living separately from my husband. In case my husband’s family wants to keep the child I’m fine with that too and I’ll let them keep him. When it comes to living separately and letting the child be with them, my in-laws might say that they don’t have enough time in the day to take sufficient care of the child. In case that happens I can suggest them to get a nanny for the child. I have some questions - 1. Is it possible that my in-laws issue a mental cruelty case against me for refusing to live with them and taking care of the child (I’m ready to take care of the child living separately) and I be sent to jail? My father-in-law and mother-in-law are both 54 years old. They might say that they’re growing old and a nanny can’t take as well care of the child as a mother can. 2. If they issue a Restitution of conjugal rights and it gets executed with attachment of property and I still don’t go back to them, can I be sent to jail for contempt of court? 3. In case they let me keep the child living separately, will the child be denied maintenance? They might say they will only pay if I live in their matrimonial home with the child. Can they make me pay for the child’s nanny and other expenses? My husband makes 64,000 rupees a month and I make about 17,500 rupees a month.
You would not be sent to jail if you leave your child with in laws and husband
2) you cannot be forced to live with your in laws
3) you cannot be forced to stay with husband
4) contested RCR cases raje years to be disposed of
5) you can seek maintenance from your husband for your child
1. The child should be taken care of by the mother at least till it attains 5 years of age.
However if the mother is also employed and finds it difficult to take cre of the child, then she can leave the child with trustworthy person to take care of the child during her absence.
The father also has an equal responsibility to take care of the child in the given situation.
But you cannot insist your MIL to take care of your child during your absence, you can arrange baby sitter or a maid to take care of the child during your absence because you are living aloe separately away from your husband and in laws.
The child's welfare is paramount hence it becomes the duty of both the parents to take care of the child properly and nobody can leave the child unattended due to their own personal differences or disputes.
As far as the child's maintenance the father cannot deny to give maintenance to the child.
You can file a maintenance case against him for both you and your child because your income is very meager
1. If you are subjected to cruelty from husband then in-laws can’t file any legitimate case on you
2. If there is cruelty then RCR is not possible
3. Enen if child lives with any of you it will be the joint liability of both to maintain him
The answers to your questions are as follows:
Greetings,
I understand your situation.Let me directly answer you:
A1. Mental cruelty is a ground only for husbands and not for inlaws and if they institute a Restitution suit then we can claim that you are contradicting yourself as you also claim mental cruelty.
A2.A women is not arrested in civil proceedings.
A3. A Legitimate child maintenance is not strict but is seen best interest of the child. You cannot be compelled to pay on whimsical claims.
For any other query, You can have a 1 Hour VC consultation.whatsapp at [deleted]
Best wishes and health
1. No , they cannot take any legal action on this point , as your husband being the natural guardian is also under obligation to look after the child , and hence even you can refuse the custody of child.
- Further , they cannot force you to keep the custody with you on any ground , and even court will see the welfare of the child before giving custody , and as your income is less than husband then you can denied the custody before the court
2. No, RCR will not have effect on your life , as there is not any provision in the law that force wife to live with her husband , and even no contempt made out for the non-compliance of the court order of RCR.
3. Since, the income of your husband is more than you , then he is under obligation to pay the maintenance to the child with education expenditure.
Dear Client
Mental Cruelty Case: In India, mental cruelty is a ground for seeking a divorce. If your in-laws file a case of mental cruelty against you, it would typically be a part of divorce proceedings initiated by your husband. Refusing to live with your husband and in-laws while expressing your willingness to take care of the child separately may not necessarily constitute mental cruelty. The court will consider various factors in such cases, and it's important to defend your position with the help of legal counsel.
Restitution of Conjugal Rights: Restitution of conjugal rights is a legal remedy that allows one spouse to request the other to return to the marital home. If a court orders the restitution of conjugal rights and attaches property, it generally means that the court is encouraging reconciliation. Failure to comply with such an order can result in contempt of court proceedings. However, imprisonment is not typically the first remedy, and the court may explore other options before resorting to imprisonment.
Child Maintenance: In India, both parents have a legal obligation to provide for the maintenance and well-being of their child. Child maintenance is typically determined based on the financial capacity of the parents and the child's needs. Your husband's income would likely be a significant factor in determining child support. If your husband's family agrees to let you keep the child separately, they should still contribute to the child's maintenance. It's unlikely that they can compel you to live with them to receive maintenance for the child. The court may consider your respective incomes and other relevant factors to determine child support.
