• Husband left us alone

Dear sir, my husband left me and my 2 girl children alone in house allegating me that I am giving him pains and trouble and he is in stress and pressure with my behavior and he won't be able to live ahead with me and will bear all the livelihood expenses always. Since my 2nd child girl was born past 3 months he was behaving very weirdly with me and was abusing me and my maternal family always and within these days he plotted big conspiracy against me making me responsible for bad nature and character and humiliated me In front of whole nearby people in society blaming negative about me. Sir I have doubt that legally he must have taken measures to prove me wrong and guilty and safeguard himself. While I was pregnant my husband and my in laws had pressured me to do sex determination test but I refused as the result of which my husband and his family are behaving too rude and negative with me which inturn was depressing for me to pass time staying with them  and listening his abusing language all the time. I stay In nagpur and I am forced to stay alone without any livelihood. Pls suggest me way out from this situation and to get justice
Asked 5 months ago in Family Law from Nagpur, Maharashtra
Religion: Hindu
You can file DV case against your husband and in laws seeking relief for residence, protection and maintenance for you and your children
You can also file a maintenance case under section 125 cr.p.c. for all the three of you.
You can also file a RCR case for rejoining him.
If you are aggrieved about his false allegation against you, a defamation notice can be given to him.
consult a local advocate and take proper actions accordingly.
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
1) file 498A case against husband and in laws for continuous acts of cruelty 


2) also file DV case and seek maintenance , protection order against husband 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
You have the right to reside in your matrimonial home during the subsistence of your marriage. So you can file a case under DV Act to seek the right to residence in the matrimonial home. This apart, you may also sue him for maintenance for yourself and your children under DV Act. Furthermore, you can seek protection order to ensure that you do not suffer further acts of domestic violence in your matrimonial home.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
Hello,
1) You must approach the court for a remedy.File a petition for Restitution of Conjugal rights by which the court will order the deserting husband to resume his marriage with you.

2) You can also file interim petitions seeking maintenance for yourself and the children while the case is still pending.

3) Engage a local lawyer to assist you with the legal steps as early as possible.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
For getting the case to transfer at Mumbai, you have to file a transfer petition at Mumbai high court only.

You can file domestic violence case and criminal complaint on cruelties as well as maintenance case at Mumbai itself.

You cannot get immediate relief but you will get justice finally.
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
1) shift to Mumbai 

2) move Bombay HC   for transfer of case to Mumbai 

3) file DV case against husband in Mumbai seek maintenance, alternative accommodation , protection order and compensation for mental torture undergone by you 

4) maintenance amount depends upon husband income , standard of lifestyle
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5131 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
423 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2693 Answers
41 Consultations
4.9 on 5.0