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Matrimonial dispute

Querist : Anonymous (Querist) 07 November 2020 This query is : Resolved 
I have a matrimonial dispute going on. I am a 22-year-old girl. I did love marriage through court, 2 years back and I have a son of 1-year-old age.

My husband started beating me 6 months back and for the past 6 months this fight is going on, Now he evacuated me from my matrimonial house by force and when I contacted my mother and father, they didn't allowed me to enter the house.

Now I am staying in pg and I don't have any place to live.

My husband also brought another girl in him home and he is claiming that she is his new wife and my matrimonial parents( saas sasur) are in full favor of him.

My birth parents are saying that if I give my child to adoption to someone else then only they will allow me to enter my birth home.

My Questions are:-

1. CAN I CLAIM MAINTAINANCE FROM MY HUSBAND, THEY ARE WELL OFF FAMILY.

2. If I want to give the child for adoption, and my husband is neither taking the child nor he is ready to sign for adoption, then how can I give this child to adoption with my signature only
Isaac Gabriel (Expert) 07 November 2020
1.Give police complaint.2.consult lawyer and file divorce and claim maintenance. 3.It is not advisable to give the child in adoption which may adversely affect the case.
kavksatyanarayana (Expert) 07 November 2020
You file a complaint in the Police Station concerned against your husband that he evacuated you from the house. Without divorce, your husband or you cannot marry others. And without divorce, you cannot give your child for adoption.
Advocate Bhartesh goyal (Expert) 07 November 2020
File complaint under provisions of Domestic Violence Act and claim not only maintenance for you but also for your son also claim share household.you alone can not legally give your son in adoption so drop your such idia.
Dr J C Vashista (Expert) 08 November 2020
It would be better to seek maintenance for yourself and child from your husband under section 125 Criminal Procedure Code, 1973, Section 18 of the Protection of Women from Domestic Violance Act, 2005.
Collect all possible evidence(s) regarding solemanisation of marriage by husband, as stated by him and file a criminal complaint before area Magistrate under section 494 of the Indian Penal Code, 1860
Dr J C Vashista (Expert) 08 November 2020
Your child can be given in adoption by both of you, i.e., yourself with your husband but not arbitrarily.
Dr J C Vashista (Expert) 08 November 2020
It would be better to consult and engage a local prudent lawyer for professional guidance and necessary proceeding.
You may seek free legal services from your District /State Secretary Legal Service Authority, if you can not afford to engage a private lawyer.
Sudhir Kumar, Advocate Online (Expert) 08 November 2020
Your husband claims to have re-married during marriage with you and this becomes a criminal case and his parents if cooperating are also abettor.

This is in addition to Domestic Violence matter.

A child cannot be adopted unless both parents are willing.

You can claim maintenance for your child as you seem to be earning.

regarding parental home your entry cannot be denied if it is ancestral house.

regarding husband house you have a right to force entry with help of police and efforts to stop you also amount to Domestic Violence.
Guest (Expert) 08 November 2020
Seeking Maintenance would be the Legal Option available and proof of Adultery would be an Legal Valid Grounds for Divorce. Discuss with your Advocate in detail
Hemant Agarwal (Expert) 08 November 2020
SAD STORY BY A ANONYMOUS PERSON (which is a typical case in India).

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
P. Venu (Expert) 08 November 2020
Yes, there are many options open before you - seeking maintenance, taking recourse to DV Act etc. etc. But why you are in a hurry to give up the infant son?
Querist : Anonymous (Querist) 08 November 2020
Thank you to all experts.
Rajendra K Goyal (Expert) 08 November 2020
Agree with the expert Advocate Bhartesh goyal and Dr. J.C.Vashishta ji.
Dr J C Vashista (Expert) 08 November 2020
Thank you very much Mr. Rajendra K Goyal ji for agreeing with me.


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