Conjugal Rights
prasanthivasu.n
(Querist) 16 August 2010
This query is : Resolved
My husband left me when I was Four months pregnant for the reason that I should sell my Flat and give him the money, from the day of the marriage he never used to spend any money for expenses and it is almost 2 and half years since he left me.
I filed for divorce in December 2009 and he has filed a counter petition for Conjugal Rights. I got a job in March 2010 as Accounts executive in Singapore. My kid is in the care of my mother. I had no other choice since I had to pay the HomeLoan EMI and meet all the expenses of my mother and son.
I lost a good career in Banking and I'm working in Spass Permit in Singapore and leading a hand to mouth existense in Singapore. So that I can send as much money back Home.
I attended one counselling session in March 8th 2010 and after that I'm unable to attend 1 session. Please advise how to proceed. I can only come back to India in the month of December. I was married in kerala in the year 2004 according hindu marriage Act. But I have filed the case in Tamilnadu Highcourt as I have my flat in Chennai and my family is settled for the past 35 years
Should I ask for maintanance for my Son because I really don't know how can I support my baby working in a foreign country like this.
Please advise me what I should do. I have suffered mentally and physically enough in the hands of my mother in law and my husbhand.
I can't take any more beating from my Husbhand, so please tell me how to proceed with the Divorce.
I don't have the finance to again file a petition in the HighCourt and pay the huge lawyer's fees
s.subramanian
(Expert) 16 August 2010
There is no need to file any fresh petition for divorce since you have already filed it and the same is pending.With regard to your son,in view of your absence from India,if you make any claim for maintenance on his behalf your husband may ask for the custody of your son stating that he would take care of the son. That may lead to complications. Hence you have to wait patiently for some time and undergo the ordeal. Because father is the natural guardian under Hindu Law and the court would be inclined to allow such a plea in case he demands. Wait and watch.
R.Ranganathan
(Expert) 16 August 2010
Yes. it is better to follow the advise of Mr. Subramanian. Also you can expedite the pending divorce case filed by you. You have not stated anything about,where your husband is. Maintenance and custody are two different things. It depends on the circumstances and the financial situations of the parties concerned. So you will have to be careful before proceeding.
prasanthivasu.n
(Querist) 17 August 2010
Thank you very much for the response. Please advise if it will be contempt of court if I don't attend the counselling session. My husbhand works in Chennai Only and he has not even seen the baby till date.
I'm afraid to enlighten the court that I'm working in Singapore because there will be lot of complications both personally and officially if I tell I'm working here. Please advise
Chanchal Nag Chowdhury
(Expert) 18 August 2010
I beg to differ. Firstly, there is no law by which an advocate has to be engaged. U may appoint a trusted person to represent U by a Power of Attorney.
I could not understand as to what prevented U from approaching the Family court which certainly would have been less costly & more receptive.
Lastly,as regards your child, Upto 6 years, none can take him away from U. After that, the court may decide as to who will be the better custodian & it need not necessarily mean the father. The welfare of the child is supreme & if U can show that he will be better off with U, U will certainly get the custody.
There is no provision for contempt of court for not attending the counselling sessions.
prasanthivasu.n
(Querist) 19 August 2010
Thank you very much for all the responses.
Guest
(Expert) 19 August 2010
1. Yes, u can file for maint. for son as it is his shared liabaility too.
2. You may also file for custody of the child before it is demanded.
3. Maint. of wife and or child is totally different was as looked by Hon'ble Court, probably your overseas Job may not entitle you for maint. but showing your liabilities you may follow para 1 and there is no need to hide facts in such situations before it becomes matter of Perjury in the hands of a smart husband.
:-)
prasanthivasu.n
(Querist) 03 December 2010
I had contacted my lawyer regarding Custody of my child. He is saying it is not necessary and he says it will take atleast 10 years for my case to get completed. There is no hurry , I don't know what is exactly happening after the first counselling has happened. What should I do now. How can I know the progress of the case. Please advise. I cannot attend the court cases because I'm overseas.
