Husband left me because i gave birth to girl what to do
07-Apr-2023 (In Family Law)
I'm Hindu, and I am second wife to my husband, he left me because I gave birth to a baby girl. And he is telling that I have no right to ask anything from him. He is preparing to do his third marriage. Now kindly advise on this.
Madam file a domestic violence case and claim maintenance for your self and your daughter, when the case of maintenance is filed he is bound to pay maintenance and he will definitely come for compromise, for more details you are free to contact.
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He cannot go ahead with the 3rd marriage without giving you the divorce. For filing divorce he needs to have the proper grounds. Delivering a girl child is not a ground for filing divorce. As your husband has left, you can file for restitution of conjugal right and also for maintainance.
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Its wrong and illegal to desert a wife for having a baby girl. But there is no point in trying to live with him. You can claim maintenance for yourself and your daughter and living seperately. Also, without getting a valid divorce , your husband cannot remarry.
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Because a baby girl is born is not a legally correct reason for your husband to leave you. If he marries again with out taking a divorce from you, you can file a bigamy case on him. He is also bound to maintain you. You can file a 498 A complaint,a DV Case also on him to help yourself to get maintenance.
--- Advocate C V Srinivasa
--- Advocate C V Srinivasa
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