Husband leaves wife & child alone & living separately since 2 years

I got remarried in 2014 after my husband passed in 2011. I am having a son from my first husband. I got remarried in 2014 with a person who was also had two kids from his first wife who expired My second husband told a number of lies before marriage which gradually surfaced after the marriage. Manhandling with myself, Lack of trust and his continuous lies deteriorated our married life and finally he took his children back 2 his mother's house in 2016 leaving me to live in the apartment which was rented just bcz we got married. I m living in that rented house since 2016 with my son alone and bearing all my expenses. My second husband is not supporting us financially or by his presence. Since I am working I never demanded anything extra but just half of the rent of the house because I was into the situation because of him. That too, he is not giving. It has been 2 years, I am living alone. He comes whenever he wants to & behaves like a husband for a night. I am fed up. Please advice.

Answers (4)

225 votes

Firstly the answer to this will depend upon the religion to which you and your husband belong and under which your marriage was performed.

You can file a case under section 125 CRPC for maintenance irrespective of your religion and ask for a certain sum of money to be paid to you by the husband. The Court can grant the same depending upon many factors including earning capacity of your husband, your own standard of living etc.

You can file a case for restitution of conjugal rights. Under Hindu law it is filed under section 9 of the Hindu marriage Act. Muslim law and other laws have their own peculiarities regarding this law. hence it is important to know the religion which you belong to in order to understand the law you will be governed by,

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84 votes

i need some more information to guide you properly. you have not mentioned about your religion. which kind of advice you want from me you have not cleared whether you want divorce or maintenance or anything else?
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80 votes

Madam then why living there . Leave that place and go to your parents place or shift some where else . And then file for divorce . The kid is your so no questions for the custody . And as you are working I suppose then you don't need that man any how . Then why in this much tension.

266 votes

Dear client, you should immediately file a domestic violence complaint seeking maintenance and a complaint under section 498A for equitable relief as soon as possible through advocate. You can contact for a detailed discussion.

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