Fake education and job details

these following are your allegations against your husband and in-laws:

1. he faked about his educational qualifications.

2. he concealed his employment status.

3. mother-in-law asking your salary (you did not say whether it was entire salary or a portion of it)

4. your brother-in-law is misbehaving with you.

despite all these things, the affection level between you and your husband is normal and healthy level, my advise is just ignore all these things and get separate accomodation and shift far away from in-laws and especially from brother-in-law.  if the relationship between the spouses is not healthy and affectionate one, then the question comes to that WHAT DO YOU WANT?   Do you want annulment decree or divorce or judicial separation?

1.  There are some cases, where court held that concealing the educational qualification and employment status from the spouse at the time of marriage for the purpose of solemnization of marriage is a material fact and it comes within the purview of "fraud" and the aggrieved spouse is entitled to the annulment decree.  but in your case, as you have 5 months old child is there, the courts may incline to try to reconcile the differences, if both the spouses are in good financial conditions.

2.  Regarding the third allegation, if the mother-in-law is asking the part of your salary for meeting your food and lodging bills, that is reasonable.  If she is asking the whole amount curtailing your financial freedom, it is economic abuse and also cruelty.

3. The allegation is a very strong one and despite your complaint about him, if your husband and inlaws are not taking any action, it is nothing but utmost cruelty perpetrated against the wife.

On the basis of allegations, you can file a case for annulment of marriage under Section 12 (1)(c) under the ground of fraud or file a divorce case under Section 13 (1)(ia) under the ground of cruelty.  If you want to keep the marriage relationship intact and avoid the problems, you can ask your husband for separate house for three of you.  If he refuses, but you want to keep matrimonial relationship, then you have the relief under domestic violence Act seeking the shared household on the ground of economic abuse from mother-in-law and s*xual abuse from brother-in-law.  

Hi Hema, Thank you very much for your prompt response.Can you plz explain me this lines again .

If he refuses, but you want to keep matrimonial relationship, then you have the relief under domestic violence Act seeking the shared household on the ground of economic abuse from mother-in-law and s*xual abuse from brother-in-law.  
 

Let me correct myself, that brother in law is verbally abusing me and my family members saying harsh words like b*tch, theives, .He claims my son to be his son.He is stopping me going to office.To agony , my husband is not saying single word against.

I only want one outcome to overcome this issues, i want my husband and my son and my self  to stay away from this people and visit my mom in law in the weekends.

Now my next question is what if my husband does not agree to come out of the house,on what matters can i convince, or somebody shall convince him.

Hello Naveen and Hema

If the story turns around, if all these fraud committed by Girl side then what are the charges? still the same or some changes.

Thanks

Rohit

First you have to talk your parents, other elder members of the natal family and brothers to convince your husband and your father-in-law about the problem you have been facing and the genuine reason for asking separate house.  If you are in the opinion that will not solve the problem, then there is nothing left except persuing legal remedy.  For that you have to take the following steps:

1.  come out from that family and stay with your parents for time being and file domestic violence case seeking the relief of shared household.  if you are earning same salary or more than your husband, then you cannot ask for your maintenance but you can ask shared maintenance for your child from the father.  In this domestic violence case, you have to make your husband, brother-in-law and mother in law (if you have any grievance against her) as respondents.  The first step in domestic violence case is conciliation.  both husband and wife are sent to councillor to sort out the problem.  this is the golden opportunity to you.  there you try to convince your husband without interference from third party and councillor will help you there.   there you insist for separate matrimonial home far from mother in law and brother in law.  you have to clearly and without mincing the words have to refer to your brother-in-law's verbal abuse, calling your son his son and restraining you to go out to do job, which have forced you to approach the court under DV Act.  These are solid grounds for you seeking separate house.  If the conciliation fails, the matter is referred to court for compulsory trial.  There you can get shared household, protection orders and maintenance for your  child.   If your husband has got share in the house, where you are presently residing, you can ask certain portion of the house, where your mother-in-law and brother in law cannot intervene.   If that doesnot suit you, you can ask rented premises for you and your child, where your husband can visit you (but you cannot insist him to stay with you there).  In addition to this, you have to take ( and you will get) protection orders from your brother-in-law from his verbal abuse as narrated above.  If he violates the same, he will be sent to jail.  you have got all these reliefs available under domestic violence Act.  But the moot question is once you ascertain your legal rights, whether your husband will cohabit with you or not.  that you have to decide your self.  for the sake of co-habitating with your husband, shall you bear the atrocious behaviour of the brother-in-law or not?  the decision is yours.  

warm regards.

Thanks Hema for your informative replies.