desertation,emotional abuse,financial negelect

671 votes

From the facts stated, your husband cannot legally compel you to reside with his family, especially when there are genuine concerns regarding the health and safety of your 20-month-old child. If he has neglected to maintain you and your child, you are entitled to claim maintenance for both of you under the applicable laws. You may also seek appropriate relief under the Protection of Women from Domestic Violence Act, including residence rights and monetary relief. Regarding the ₹2 lakh allegedly borrowed by your husband, if you have any proof such as bank transfers, messages, or witnesses, you may initiate appropriate legal proceedings for its recovery. Since your husband has been living separately and has not been providing financial support, it is advisable to take legal action at the earliest to safeguard your rights and your child's welfare. Please also clarify whether your marriage is registered, whether you are presently employed, and whether any legal proceedings have already been initiated by either party.

Advocate Atanu Patra LawRato

814 votes

make a formal petition for judicial separation if your husband does not intends to prefer a mutual divorce. and after getting the order from the Ld. court you may seek maintenance from your husband for you and your child upbringing. you are entitled to sought for the reliefs.

Advocate Subarna Bank LawRato

947 votes

From the facts stated, you cannot be legally compelled to reside with your in-laws or act as their caregiver against your wishes. The husband has a legal obligation to maintain his wife and minor child, and abandonment without financial support may entitle you to seek appropriate reliefs including maintenance for yourself and your son. If your husband has not been providing financial support and has left the matrimonial home, you may consider initiating proceedings for maintenance and other reliefs available under the law. The issue regarding the ₹2 lakh allegedly borrowed by him would depend upon the evidence available to establish the transaction. As regards your child’s health, if there is genuine medical advice cautioning against exposure to a person suffering from a contagious or serious respiratory condition, the welfare and best interests of the child would be an important consideration. Since the matter involves marital rights, maintenance, child welfare, residence rights, and financial claims, a detailed examination of the facts and supporting documents would be necessary to advise you on the most appropriate legal remedies available in your specific circumstances.

Advocate Jitesh Sah LawRato