• Husband estranged wife and child within 4 years of marriage

My husband declared that he is not going to support me and my 1 yr old daughter and has left for another married woman. How can I restore my legal rights?
Asked 3 years ago in Family Law from Kolkata, West Bengal
Religion: Hindu
you can file complaint against your husband under DV act . claim right to stay in matrimonial home , maintenance for your self and your daughter . 

you  can also file case of adultery against him as during subsistence of marriage he is having relationship with another lady 

you can also file for divorce on grounds of adultery, mental cruelty  and seek maintenance , alimony from your husband . contact a local lawyer .
Ajay Sethi
Advocate, Mumbai
29584 Answers
1609 Consultations

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You have ample legal rights under the Indian law which are enumerated under.

1. You may file a case for maintenance against him seeking the amount which is commensurate with your needs. It is his inescapable obligation to provide financial support to you and his daughter.

2. You may also seek the right to stay in your matrimonial home.

3. Since he is having an extra marital affair with another woman you may file a case for adultery against him.

4. You can also file for divorce on the ground of adultery as infidelity vitiates the very base of a marital tie. 

You will need the assistance of a local lawyer to enforce all the above rights.
Ashish Davessar
Advocate, Jaipur
20072 Answers
529 Consultations

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