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Child Custody And Rights- Baby Girl


17-May-2024 (In Divorce Law)
My daughter is 2 months old and my husband has filed restitution of conjugal rights case against me. I m going to leave him as he and his parents were torturing me for dowry and were not providing food and were abusing me. I am a software engineer. What is the maintenance my daughter and I get irrespective of my financial status? Also, my husband had my jwellery but now he is stating that it's with my mother. My mother is having similar ones which is my sister's. But they are arguing that these are mine and they don't have mine. I have no proof. What can I do? Also, in future i don't want my husband visit my parents house to see the baby as he i tortured me, I want complete releif from this relationship. Is it possible?
Answers (4)

Answer #1
604 votes
The first thing to do is file a case of 498A against your husband and his mother if they have tortured you, second is file a case for domestic violence in that you can claim the stridhan and other protection orders, further as he has already filed a restitution of conjugal rights case you can apply for divorce on ground of cruelty and irretrievable breakdown of marriage, further as far as maintenance is concerned it depends on income of both the husband and wife based on the assets and liabilities and standard of living of both husband and wife, and the amount required to maintain the child. The child will get maintenance from your husband it atleast to take care of his education as you are also equally liable to maintain the child. Regarding the custody of child he may get visiting rights but you can request the court to fix a place other then your parents house, like some social welfare office, garden etc, the court will grant visiting rights to your husband to meet child unless there is some danger to child from him, better to follow the court order as the court will be passing orders only thinking about the welfare and well being of child irrespective of the disputes between parents.
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Answer #2
870 votes
1. you and your daughter will get the maintenance depending on the income, assets and liabilities of your husband and yours. 2. you have to produce the bills of the jewelry where u have purchased or from the gold Smith if you purchase from him. 3. you can file a domestic violence case and divorce case against your husband against your husband for harassing you. 4.you can file the case under the guardian and wards act to avoid your husband visiting your parents house.
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Answer #3
600 votes
Dear Madam, If you leave the matrimonial house like that your husband and his parents may continue similar conduct against other people and if got divorce remarry again and start torturing his second wife. Your child will get upto 15 percent of his salary towards the maintenance and also you are entitled for alimony irrespective of your salary and if you can file police complaint under Section 406 of IPC they may raid their house and procure your jewelry.
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Answer #4
872 votes
you have to first face the institution case filed by your husband. if you do not want to join him you have to file a few hours case against him. you should also seek solve study of your daughter so even without a case your child cannot be separated from you for text many years. I can only tell you about your jewellery which your husband is withholding in a personal consultation.
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