Marriage, divorce, and child custody
I got married sep 2013 and have a male child whose is 1yr old now. Already my husband got married and had divorced his first wife. Am his second wife. We have many problems between us. My husband is alcoholic and his whole family supports him. They all drink together but i dont like it. They are keen on dowry but they are asking it in all indirect ways. Am not having having enough money. And if i refuse to give he is torching me mentally. He had physical contact with one of my friend and the aborted the baby when i was 9 months pregnant. But i dnt have any evidence of it. All through my pregnancy and delivery i was in my parents home.After my delivery, My friend got married to another person. So now they threatening me by all means to live with my husband for the sake of my son. My mother-in law has filled a case against me that am not allowing her to see her grandson. i want to get rid of whole family torcher and want to stay with my son peacefully. Kindly advice me any possible solution.
Asked in Family Law from Tiruchirappalli, Tamil Nadu
You may then proceed to file for divorce on the ground of cruelty committed by your husband. In addition to this, you can file a domestic violence case to claim compensation for the violence suffered by you and also claim maintenance for yourself and your child. The case of child custody filed by your mother-in-law should be contested on merits as during the lifetime of parents of child the latter's grandparents do not have the right to claim his custody and also visitation.
1. For the criminal acts of your husband and n laws you can file case u/s 498A IPC. and under Dowry Prohibition Act.
2. File case under PWDV Act as well seeking maintenance for yourself and the child.
3. In the child custody case the court may order for visitation of child for father only and not for grand parents. The custody will remain with you.
1) file for divorce on grounds of mental cruelty
2)you don't have to stay with an alcoholic husband
3) you can also seek maintenance for your self and your son
4) also seek custody of the child . Since your son is only one year old custody would be awards to you
5)court will award your husband visitation rights
6) you can also file DV case against husband and In laws and seek a protection order , maintenance and compensation for mental torture undergone by you
You can file complaint under domestic violence act for monetery relief and maintenance. Indirectly demand of dowry, cruelty on the part of matrimonial obligation constitute violence and it is committed in matrimonial home so it comes under DV Act.
You can also file petition for divorce on the ground of cruelty but first file dv complaint because your mother in law has already filed a petition against you. So you should show before the court that you have suffient cause to live separate.
Under the given situation, it is advisable that you stay away fro him by filing a petition seeking judicial separation or divorce on the grounds of cruelty.
Your mother in law's case to visit your child is not maintainable.
Whether you knew about your husband's first marriage?
Whether you have proof of your husband's illegal intimacy with another female?