Child maintenance while spouse is separated

721 votes

Dear Madam, If the house wherein your husband is staying owned by your parents-in-law then you cannot ask them to leave the house. However, you can file a Petition for Restitution of Conjugal Rights under Section 9 of HM Act to resume the matrimonial life in the larger interest of your son. Alternatively, you may claim maintenance for your child if you are employed.

Advocate Kishan Dutt Kalaskar LawRato

738 votes

Dear Client, your situation involves a 2.5-year-old son and six months of separation due to in-law issues, with your husband showing neglect by not checking on your son. Under Indian law, particularly the Hindu Marriage Act, 1955, and the Guardians and Wards Act, 1890, you have a strong case for seeking divorce on grounds of mental cruelty, especially given the year-long torment you describe. His lack of interest in his child further weakens his position. You may proceed with a legal notice demanding maintenance and custody, citing his abandonment. If he disagrees with your intent to leave due to mental torture or forces cohabitation, he cannot legally compel you to live with his family against your will, as this violates your personal liberty under Article 21 of the Constitution. Regarding custody, courts prioritize the child’s welfare, favoring you as the primary caregiver. He cannot forcibly take the child without a court order, which he is unlikely to secure given his neglect. I recommend filing for divorce and custody immediately, supported by evidence of separation and his conduct.

Advocate Rudrabhushan C Benakanalli LawRato

618 votes

You and your son can file a case for maintainance. Also for mental torture you can file for divorce against your husband. Legal notice will not suffice. It is your right to claim maintainance against your husband. Please contact me for any further help.

Advocate Kiran Thirumalesh LawRato