• Drug addict husband

my husband is a heroin addict, when I found out I got him treated but there was a relapse. following which I had to move to my parents home because of his habbit of stealing jewellery.Now my son is 8 and I want alimony and divorce. He has never bothered about me or my son. what are my rights?
Asked 3 years ago in Civil Law from New Delhi, Delhi
You may seek divorce on the grounds of spousal cruelty, and also file for alimony. It is the inescapable duty of every husband to financially support his wife. This liability to maintain his wife and son can be enforced by filing a case for maintenance. You may also seek the custody of your son.
Ashish Davessar
Advocate, Jaipur
18828 Answers
472 Consultations
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Hello,

You may undertake the following proceedings:-

1. File a Divorce on the ground of cruelty under the Hindu Marriage Act.
2. File an application u/s 125 CrPC for Maintenance for you and your son.
3. Seek compensation and right to residence under the Domestic Violence Act.
4. File a complaint u/s 406, 379 IPC regarding the issue with your jewellery.

Regards,
Nishant
Nishant Bora
Advocate, Jodhpur
111 Answers
31 Consultations
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