Matrimonial dispute and child custody
10-Oct-2024 (In Divorce Law)
I got married in Feb 2023, had girl child in March 2024. Since then my husband and in laws have become very abusive, my husband doesn't look after or help in taking care of baby (me and my husband are living alone in Delhi). Also he doesn't contribute financially as I take care of most of the household and child expenses. Also I have supported my husband since marriage by transferring huge amount of my salary/bonuses/savings. My husband now wants divorce. He is also smoke addict. Please advise.
It depends if only your husband needs divorce or even you are ready to go for divorce in case both the parties are ready then you can move ahead for seeking divorce by way of mutual consent which is a two months' process and in case only your husband needs divorce and you dnt want to give hime divorce stay calm as he cant force you for that rather uou may even move to CAW cell for lodging complaint of downry and also move to file proceedings of domestic violence
If you were mentally and physically harassed by your husband, it is really very difficult to remain your with them , if he is not maintaining you and your child , they are doing domestic Violence with you, you need to file domestic Violence case against all , you can also file maintenance case
If the behaviour of your husband is intolerable towards you can anytime send a complaint regarding your grievances in writing to the police station according to your jurisdiction. And if you wish to go legal then you can also file a petition under section 12 DV or section 125 CrPC and claim maintenance for yourself. And if there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months. For more legal assistance I am just a call away.
You can file your maintenance case for you and as well as for your daughter. If you don't want divorce then it's not a easy task for your husband to take divorce with you. You can oppose the same. if you want to discuss more about your situation you can contact me over phone or meeting with me at my chamber.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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