Unresolved issues in marriage.What is the best course of legal action?


Couple has been married for 10 years, problems cropped in within a year of marriage due to domestic violence & in-laws demanding a part of money from daughter-in-law's salary. Husband keeps going out of house for 6 months -1 year every now & then leaving the wife with no contact. 2 sons are there from this marriage (3 years, 1 year). Husband left home when the wife was pregnant with 2nd child & still not returned yet. Elders & friends intervention has not resolved the issue. What is the best of course of legal action to be taken here? Please advise.

Answers (4)


52 votes

One is judicial separation, second is divorce. Under both options wife is entitled for maintenance and children are also entitled for maintenance under the Hindu Marriage Act. For immediate enforcement of law for seeking maintenance as well as seeking separate residential accommodation the wife can also move the court of law under domestic violence Act. Wherein according to law the wife will get the relief sought within short span of six months and procedural complications are less. The judicial magistrate can give reliefs by following less procedure of law.


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314 votes

You can file for restitution of conjugal rights agaisnt the husband and obtain a decree from the court. If you need to file for the divorce, you can file for the divorce on the proper grounds.
Regards,
Sadanand

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113 votes

First give a police complaint in the local jurisdictional police station and then later file a divorce case. if he still doesn't come it will be pronounced as divorce,

If he come then ask for maintenance and file domestic violence and ask for compensation.

207 votes

If there is domestic violence by in-laws and they are demanding a part of money from daughter-in-law's salary, she can file DV cases against them. And if Husband has left and does not provide for wife and children, she can file for maintenance provided husband has income, or else she can try to attach his property.

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