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Husband cheats and mother in law forcing to continue marriage
05-Feb-2023 (In Family Law)
My husband has an extra martial affair with another married woman whose husband is ok with their illicit affair . I have 2 year old baby and currently unemployed as I m raising the child all by myself . He has left me in my parents house who are senior citizens and retired . There is no income . My husband and MIL are mentally torturing me by accusing me because they are scared that his affair will become public and threatening me of proving me mentally incapable of raising the child and will take the child custody. He is forcing me to sign mutual divorce without paying any maintenance for my child and me and without providing me any shelter . I have enough proof to prove his adultry . How should I proceed further ? I don’t want the child custody to go to my husband or MIL . I’m extremely depressed. They are also fooling my parents of Saving the marriage as every daughters parent don’t want to break their child’s home . Pls help
First of all file a complaint mentioning all points of cheating harassment torture etc.whatever are the facts.
You can file a complaint under protection of women from domestic violence act and pray for protection of your rights.
Further, You can also either seek restitution or you can seek a divorce by filing appropriate proceedings.
You can bring the proofs you have on record as evidence.
Further the custody is less likely to go to your husband when the child is of such tender age. Courts generally considered the welfare of the child before deciding the matter. However it will help to have a capable lawyer appear for you.
It would be helpful to have an open discussion with your parents so they understand what you are going through and will be able to support you.
It will be good for you to act immediately so that your rights are protected.
You can file a complaint under protection of women from domestic violence act and pray for protection of your rights.
Further, You can also either seek restitution or you can seek a divorce by filing appropriate proceedings.
You can bring the proofs you have on record as evidence.
Further the custody is less likely to go to your husband when the child is of such tender age. Courts generally considered the welfare of the child before deciding the matter. However it will help to have a capable lawyer appear for you.
It would be helpful to have an open discussion with your parents so they understand what you are going through and will be able to support you.
It will be good for you to act immediately so that your rights are protected.
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Basically if you are agreeable for mutual divorce then you can approach to Family court for seeking protection and amount of maintenance. So far custody is concerned child would be in custody of mother until attend majority and father has right to visit. You can also prosecute under Domestic Violence Act. If you are sure about proof of adultry then if you desire you can go for divorce.
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Adv. Ajay Ashok Joshi
Pune | 25+ Answers
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Hello
U have remedy to lodge report to police station against your husband or Mother in law against the tourture.
Further that u can file a complaint under domestic violence act before judicial magistrate for maintenance and other remedy for you and your child.
U have remedy to lodge report to police station against your husband or Mother in law against the tourture.
Further that u can file a complaint under domestic violence act before judicial magistrate for maintenance and other remedy for you and your child.
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Adv. Sushama Mohan
Nagpur | 100+ Answers
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Do you want to go back and live there ? if yes , Immediately file a police complain against him and go back and start living in your matrimonial home ,and file for maintenance ,residence etc under Protection of women against domestic violence ,He cannot force you to sign or agree for Mutual Consent Divorce. First take care of yourself mentally and physically ,don't get depressed ,this is not the end of the world. You can contact me for detailed advice,
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Adv. Shalini Devi
Mumbai | 400+ Answers
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You can always file for divorce and simultaneously file for maintenance under section 125 Cr. PC. Since the child is too young, the Court will not give the custody to the father. Do not succumb to the threats of your husband and in laws.
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Adv. Satish Kumar
Hyderabad | 100+ Answers
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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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