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Legal advice on the issue in my marital life

This query is : Resolved 
 

(Querist)
22 April 2012

I have married in 2004 and we have 3 kids ( elder son is 8 years and younger 2 twins are 6 years). We both are working. After marriage about 2 to 3 months we stayed happily. After that, he real harassment started like beating, mental harassment and even he stopped taking the financial responsibility of the family. Even I came to know about his illegal relations. The major part in this all problems is he, his mother , sisters and his family. He is having 2 sisters who were not married that time ( Now one sister is run away with one guy and one more sister is married). They are very money minded people and they were expecting my salary always. His both parents are working and mother is a headmistress in school. His sisters are not willing to work and they need my and my husband’s salary for their lavishness. As I denied to give them the money they spoiled our family life. Along with the bad habits like illegal relation my husband behaves like what ever his family tells him. In 2007 he left me and started staying with one woman with whom he had illegal relation. I waited for 6 months then consulted some counseling centers to make him good, even Bangalore commissioner office woman counseling centre has called his keep and warned. Nothing helped out. Then I fired conjugal rights case, then maintenance case on him. That time, I was fully struggling with my small 3 kids. But I had a job. So god saved me. But, I have taken loans and although I had job, I suffered financially because my basic expenditure for me and 3 kids + the loan amount was much more than my salary. Then in 2008, I fired 498A case on him and his full family. About 2 years the case run and in 2010 is family elders came and negotiated with me for rejoining. I agreed as I was expecting good life with him and as per there condition, I have with drawen all the cases on him. With in few months of with drawing the cases, he has shown his real face again and started beating and all the harassment started. Even he is not doing any f is duties towards kids. Slowly without my knowledge, he has taken all his things back and now since 5 months stopped coming home. His sister and her husband are also staying in Bangalore and he is the financial care taker of her family.

Now , I am completely fed up with him and no hopes of improvement. As, I have seen only pain in my 8 years of this marital life, I don’ have any emotion on him. Now I need advice on what is the best law or step in this situation for me. My main concerns are, I need financial support from him for my kids and the child custody should be with me as I do’t want my kids to grow in his bad environment and I want to know which is the best and quick law for the cruelty happening from him , his family and his sister’s husband and even his keep. Is there any legal way to inform in his office so that he can get warnings from his office also.




ajay sethiOnline (Expert)
22 April 2012

make an application under DV act for maintenace , right to stay in shared household , custody of children .

you cna get maintenace for your children . you cna laos obtain a potection order . contact a local lawyer

MohammedRaffiq Bijapur (Expert)
22 April 2012

I do to advice as Ajay Sethi Sir. Further if u realy want to take hand and fast action against ur husband file criminal complaints also.

Devajyoti BarmanOnline (Expert)
22 April 2012

You have options of-
1. Divorce
2. MAINTENANCE u/s 152 of CRPC.
3. various reliefs like right of residence, damages out of marital violence, maintenance etc u/s 12 of PWDV Act.
4. Restraint order on the properties of husband including his moveable assets under PWDV Act.

Now you have to choose which one do you need.

Shweta (Querist)
22 April 2012

thanks sir

Shonee KapoorOnline (Expert)
22 April 2012

You have got varied advise, take your pick.

However, I would caution against exaggirating the incidents, your truth would also loose credibility if those exaggerations are exposed.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Raj Kumar MakkadOnline (Expert)
22 April 2012

There is no reason to differ with the advice of experts.



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