My husband deserted me and our new born child 2 years back when i refused to his ever increasing demands. As i was left alone with my 1 month child, i had to move to my parents home to find care for myself and the baby. He never called or inquired about us and even blocked our phone numbers. On top of that, he filed a divorce case on basis of cruelty which came as a shock to me. I tried reaching out to him by visiting his residence along with the child, but he didn't entertain us. Eventually, I moved to my workplace leaving his city and the case is now transferred via Supreme Court to my workplace city. Mediations were offered by supreme court but he was adamant on divorce without giving any grounds.
My lawyer tells me that his case has no strength and it will be dismissed. The hearings are yet to start in the new city.
But I have been taking care of my job and my child all alone in a city that is not even my home town. I have suffered this struggle that was imposed on me by my husband after birth of the child. I couldn't even get proper rest and i feel that my child is also deprived of a normal upbringing because of this cruelty. One parent is not supposed to raise the child while another parent is busy in filing fake cases, with an intention to trouble me. When the child was born, the marriage was only one year old and my husband left both of us. He was always emotionally unavailable and this is evident from the fact that he lodged a fake case on me at the time when my child was not even 1 month old. Since the case was lodged in another town, I had to struggle to get that transferred to my worktown. I had struggled since then to restart my job, take care of the child singly. He has not communicated with me even for his own child.
I feel I must lodge a 498A case on him for deserting me and the child in my post-natal stage. For lodging a fake case during that phase as a preventive measure for himself, with an intention to mentally disturb me. For taking away all financial support. For giving that ongoing case as a reason to not inquire about the child, for being mentally sick and unemotional to even his own child. To burden me with all responsibilities and making me a single parent despite him being alive. For treating marriage as a joke.
My question is that can i apply for 498A now, when his case on me is ongoing? While we stayed together during one year of marriage, we were in a different city. Does that prevent me from filing the case now in my city? It is 2 years that he abandoned us, and on top of that filed a fake case on me leaving me all alone to suffer with the child through a burden of all kinds of responsibilities and the headache of going to courts to defend his fake case. This is intentional violence to drive me to depression and much more. I am highly qualified and a strong person, so I am trying to cope up with all the challenges alone. However, I want to seek punishment for him for my situation.