Name: Aparna (32 yrs old) Own Family place: Delhi Marriage: May'2009 (Delhi) Child: 5 yr old boy (living with me) Currently living with Brother in Jhansi city (Uttar Pradesh) In-law family place: dehradun (Uttarakhand) but husband doing job in Delhi My home purchased by my father in delhi in which i lived with my family (husband & son) After one year of my marriage, issue was arises (mostly finance issues) due to irregular job of my husband. I have faced continuously domestic violence & threats from my husband for asking the money from my father-brother. also, my in-laws don't support/care to me. during my miscarriage in Dec'14, i left the my home (living with husband) to came to jhansi and live with brother. after that he continuously talked to me through phone & requesting for come in delhi. I had gone my home to live with husband in may'15 & Nov'15 but his behavior was not changed & behave/talk like psycho and same issues arises like money etc.. After the 6 year of marriage i released that he want my money/home from me & he don't care me & my son. He is very irresponsible towards me & my son. Last month in delhi, meeting was organised to solve the disputes between us with my family, they very smartly convinced my family & said he will never give any chance to me & my son for any issues and proper care to me and wants to me that i come and live with him in delhi. Then i agreed for that and said i want some days for think and come to delhi from jhansi. After 2 days, he again started shouted/abuse/threat to me and said your family is with me. Now i know very well, he is the psycho and very irresponsible man and no chance to improve. So, i don't want to live with this type of guy. we have not done any complain in court/ thana till date. Please suggest step-wise what action can i take against my husband. Clearly I don't want live with my husband. I am self dependent and can take care of my son properly. Please brief about the maintenance case , divorce case, 498A & 302, custody of my son in my situation.
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1) you can file domestic violence case against husband seek protection order, rigt to stay in matrimonial home or alternative accommodation , maintenance , custody of your child and compensation for mental torture undergone by you
2) you can also file 498A case for continuous acts of cruelty
3) file for divorce on grounds of mental cruelty and seek maintenance for your child , alimony .
1.complain with the local police station stating all these atrocities stated above.Thereafter if the police does not register a FIR on the basis of your complain you can file a application in the court of a magistrate under sec.156(3)after which the police will start investigation under section 498 A ,406 of IPC.
2.At the same point of time you can apply for monthly maintenance compensation and residence order under PWDV Act.Thereafter you can also file a suit for divorce on the ground of physical and mental cruelty as stated by you.Meet a local lawyer to take it forward on the line mention above.
Please suggest step-wise what action can i take against my husband. Clearly I don't want live with my husband. I am self dependent and can take care of my son properly. Please brief about the maintenance case , divorce case, 498A & 302, custody of my son in my situation.
You can file a divorce case against your husband on the grounds of cruelty.
If need be you can file a DV case too.
If you not employed then you ca claim maintenance too for yourself and your son.
For dowry harassment,until there is no such thing, then you better dont try that to trap him invoking 498a.
you have evidence to proof his irresponsibility and carelessness towards performance of his duty. you can file divorce case on the ground of cruelty against you and your child. mention cruelty acts against your child for getting his custody order.
however father is natural guardian of a child more than 5 years of age but guardianship could be transferred to his mother if father committed cruelty upon child or being careless.
you can file cruelty case u/s 498 A but cannot file case under 302 because this section relates with murder.
1. You are free to apply for dissolution of matrimony on the ground of cruelty. This apart, you can claim maintenance for yourself and your son. If you are earning on your own then you may not get maintenance but your son will get it as maintenance of child is the joint responsibility of both parents.
2. 498A can also be filed if you have been harassed in relation to demand of dowry. 302 is murder which has not been committed by your husband.
3. Petition for child custody can also be filed by you. He may get visitation rights if you are given the custody.
Can you please tell me about the types of maintenance case, I can file against my husband.
1) in divorce case seek maintenance from your husband
2) in addition in DV case you can also seek maintenance from your husband
You can file maintenance case under section 125 cr.p.c.;
you can file a maintenance case under the provisions of domestic violence case;
you can file maintenance case under the provisions of HM act or even HAMA for your child.
Discuss with your lawyer about immediate relief through interim maintenance application under the provisions of criminal procedure code section 125.
There is only one type in which you can claim maintenance from him.