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Husband is cheating and not picking up the call

Querist : Anonymous (Querist) 10 September 2020 This query is : Resolved 
Hello sir,

I got married in 2016 and I have a kid of 1.5 years. For 2 years, my husband was very rude to me and he use to drink and fight with me.

On November 2019, My husband got drunk and had a big fight with me, So I took my son and shifted to my Maternal home.

My in-laws are not saying anything to my husband and supporting him.

From past some months my mother and father are convincing my in-laws to solve the problem, we also tried to make them convince by other family members. (nothing is working).

Now no one is picking up the call.

Now I came to know by some of relatives that my husband started living with some other girl ( in LIVE IN RELATION).

1) What should I do now?

2) What remedies is available for me in the court and out of the court.

3) Should I go to mahila Police thana

4) My husband and inlaws has properties, Is my son entitled to get the share of property and maintenance? How can I raise my children on my own without support.

Please guide me







Dr J C Vashista (Expert) 11 September 2020
File a complaint under section 125 of the Criminal Procedure Code, 1973 for maintenance of yourself and your son (through you) by engaging a local prudent lawyer.
Sudhir Kumar, Advocate (Expert) 11 September 2020
Hello sir, I got married in 2016 and I have a kid of 1.5 years. For 2 years, my husband was very rude to me and he use to drink and fight with me.

HOW/WHY YOU TOLERATED FOR 5 YEARS

On November 2019, My husband got drunk and had a big fight with me, So I took my son and shifted to my Maternal home.

AND HE WILL NOW BE ALLEGING THAT YOU HAVE DESEERTED HIM

My in-laws are not saying anything to my husband and supporting him.

THEY WILL NOT SAY

From past some months my mother and father are convincing my in-laws to solve the problem, we also tried to make them convince by other family members. (nothing is working).

NOPTHING WILL WORK.

Now no one is picking up the call.

SUCH LIKE PERSONS PICK CALLS OF POLICE ONLY.

Now I came to know by some of relatives that my husband started living with some other girl ( in LIVE IN RELATION).

YOU HVE NO REMEDY AGAINST THIS.

1) What should I do now?

YOU HAVE A GROUND TO SEEK DIVORCE ON THE GROUND OF CRUELITY AND ALSO LODGE CRIMINAL COMPLAINT.

2) What remedies is available for me in the court and out of the court.

A LOT ALL YOU HAVE TO DO IS TO CONTACT A LAWYER

3) Should I go to mahila Police thana

OR WHERE ELSE DO YOU THINK YOU WILL BE HEARD

4) My husband and inlaws has properties, Is my son entitled to get the share of property and maintenance?

YES. HE REMAINS ENTITLED TO MAINTENANCE AND SHARE IN ANCESTRAL PROPERTY EVEN IF YOU TAKE A DIVORCE

How can I raise my children on my own without support.

IT SEEMS YOU HAVE DECIDED NOT TO ASK FOR MAINTENANCE.
Rajendra K Goyal (Expert) 11 September 2020
You said:
Now no one is picking up the call. Now I came to know by some of relatives that my husband started living with some other girl ( in LIVE IN RELATION).

Reply:

Gather proofs of his living with another lady. If situation warrant, obtain services of private detective. Lodge FIR for bigamy against him.

You said:
1) What should I do now?

Reply:

Approach police with complaint of domestic violence and bigamy against him. Demand maintenance through for you and your child.
Rajendra K Goyal (Expert) 11 September 2020
You said:
2) What remedies is available for me in the court and out of the court.

Reply:

As advised above if relief sought through court.
For out of court settlement, obtain offer from them, discuss with your family, well-wishers and your lawyer and finalize. Good bargaining technique is required for win-win situation.

You said:
3) Should I go to mahila Police thana

Reply:

You must get help from them in the given situation.
Rajendra K Goyal (Expert) 11 September 2020
You said:
4) My husband and inlaws has properties, Is my son entitled to get the share of property and maintenance?
Reply:
Your son is entitled only if property owners have self-acquired property and expire intestate (without a will), without disposing the property. If Hindu, he has a share in ancestral property from birth.

You said:
How can I raise my children on my own without support.
Reply:
Go to court for claiming maintenance.

P. Venu (Expert) 11 September 2020
The facts posted suggest that you are in a confused stage. Perhaps, professional counselling may help you to take a considered course of action. Then only, any legal steps could be helpful.
Adv K Rajasekharan (Expert) 12 September 2020
The only definite remedy available to you at this stage is to get maintenance for you and your son.

Your son is entitled to his father's property or its share only if the property is ancestral in nature.

Police may not be able to help you in any way at this stage.

You can seek and get divorce if you can convince the court that he is on a live in relationship with someone else.

Seeking a divorce in order to set up a new life is the last available remedy available to you when everything else fails.

Rajendra K Goyal (Expert) 13 September 2020
You should proceed to claim maintenance and also file complaint of domestic violence at police station.


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