Staying separate from husband since 1.5 yrs what are my legal rights?

608 votes

Your question is not complete, there is a confusion whether you wish to seek Divorce or Not ?

If yes, then you are required to file a petition for grant of divorce under provisions of Hindu Marraige Act on the ground of cruelty, The amount of alimony shall comensurate as per income and resources of your Husband.
Yes your Husband may seek custody under the provisions of Guardian Act, but certainly it may be opposed and that the court shall consider all factors in the welfare of the Child.

Otherwise you can file petition against your Husband under the protection of women from Domestic Violence Act, 2005 and also may register a complaint with crime against women cell.
Any clarifications may write.

Advocate Sandeep Banga LawRato

653 votes

You have several options. Filing petition under domestic voilence act for right to residence and maintenance, divorce on grounds of cruelty, woman cell for harrasment and cruelty.You can file only for child custody.

Advocate Rajesh Rai LawRato

739 votes

Dear Maam

In divorce cases, the courts factor the wife's status and lifestyle while fixing alimony to ensure that she lives in reasonable comfort .The amount of maintenance fixed for the wife is such as she can live in reasonable comfort considering her status and mode of life she is used to when she lived with her husband. You may file for domestic Violence and Claim alimony or you may file for divorce and claim alimony.

Regards,

Vibhor Gupta

Advocate Vibhor Gupta LawRato