Restitution of conjugal right filed by my husband
Mukta
(Querist) 01 September 2012
This query is : Resolved
Hi ! I am a 33yrs old and married for 11yrs,i have two children aged 12yrs and 8yrs.Due to physical and mental discomfort with my husband as well as my father-in-law,i had to leave my home and shift to my parents home.I belong to a very practical thinking family but with high values for relations.Hence i tried with my full strength to get over all the problems and tried to save my marriage with a hope.Since my two kids are grown up and can now figure out about the good and bad things it had started becoming difficult to maintain a good atmosphere at home resulting of my leaving house.I have filed two complaints regarding harassment against my father-in-law.There is still no reply from their side.Also i had applied for maintenance and the result has come in favor its been 2 months after the order passed from the court but my husband has failed to pay the amount.Their financial condition is not strong..In the mean time they have now filed for RCR.i am not sure where this will lead to as he keeps on saying that by no chance he will give me divorce.And i cannot stay with him anymore. we have gone through the counselling sessions thrice.
Due to my husbands violent behavior we had to leave Nagpur and shift to Pune.Presently i am staying with my parents and kids.
Please guide me and tell me my next line of action which will make way for divorce.Also Please let me know about the custody of my children as i dont want them to suffer in all this they are the only ray of hope for me to survive in life.They never had a good relation with their father as there is no attachment what so ever with him.
I hope i can get over this and make my life a little comfortable.
Thanks
Mukta
Adv.R.P.Chugh
(Expert) 01 September 2012
Dear Mukta,
I opine :
1. File a contested divorce on the ground of mental cruelty.
2. Seek a residence order from the court your husband is obliged to provide you and the children a comfortable and safe abode.
3. File execution application in the maintenance case.
4. It's not that if your husband says he would never give you divorce you won't get it, if we can prove to the court that such was the tortorous and cruel conduct of your husband that no reasonable lady can live with him. Divorce is yours to get.
5. As regards custody since the children have always been with you and attached to you, you'd have the custody with father having visitation rights. Such old children are old enough to make a preference on their own which is duly considered by the court also.
Devajyoti Barman
(Expert) 01 September 2012
Well, you have reliefs to seek for from the court. For the time being apply for maintenance for yourself and the children.
prabhakar singh
(Expert) 01 September 2012
I think Mr. Chug has demonstrated your further course of action very well.
Mukta
(Querist) 02 September 2012
Dear All, I highly appreciate your reply.I will certainly go with what you said and follow accordingly.Thanks once again.
