Living separated from husband soon after delivery and he wants divorce

622 votes

Dear madam,
It would be better if you contact me directly so that can understand what u want and what exactly can be done at earliest , later with relevant documents of salary of husbands and his property , marriage proof , baby detail and birth certificate etc

LawRato LawRato

558 votes

As a first step try to resolve your issue with the help of your elders and well wishers. If that fails then decide on your own whether to continue your marital relationship with your husband or not. thereafter you can approach jurisdictional family court seeking divorce against your husband and custody of your child.

Advocate Jagadish N LawRato

810 votes

You are your destiny, so please decide what do you want in the interest of your child. Please do consult/discuss with your dear one before moving on this issue. As far as the custody of child below 5 years is concerned the mother will be given custody of a child and the father will be given visitation rights. Think rest if nothing workout as you wish.

Advocate Dileep N LawRato

794 votes

If you want to separate from your husband, you can file a case for Divorce against your husband. In the same case, you can file an Application for interim maintenance for yourself and your son so that till the case is fully decided, you will have some financial support. Even if you are employed, you can seek maintenance for your son.

If you don't want separation and you want to live with your husband, then you can file a case for 'Restitution of Conjugal Rights'. This case is pursued by persons who want to reunite with their spouses. Since your husband is abroad, you can file this case if you want a Court Order to be reunited with him.

Both cases are to be filed at the jurisdictional Family Court. My legal advice is based on the limited information provided in your query. It is not my final legal opinion.

LawRato LawRato