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S kumar (self)     19 September 2012

Need legal advice

I am married for 6 years and have a child of about 4 years of age.I am working and was finding it too stressful to manage job ,child and home front.On top of that I had bought a property with my husband for which I am the main loan - applicant and have to pay emi's .Oftenly there were fights between I and my husband which turned violent when my mother-in-law abused and slapped me.On seeing that all this is having an impact on my child,I left my husband's house informing him and came to my native place with my child.I have taken a transfer of my job.Now I want to stay at my native's place and I would like to know if I don't want to go for divorce as of now, what are the legal implications/actions by my husband that can be taken against me.Is there any legal information I should give to my husband that I am staying at my native place.



 2 Replies

Adv. Chandrasekhar (Advocate)     20 September 2012

As you are not interested to initiate any legal course of action against your husband or his relatives,  you must know that what legal actions are available to him.  He may file Restitution of Conjugal Rights case against you alleging that you have left matrimonial home without reasonable cause and put some more allegations like you ill-treated his parents, you did cruel acts against him etc. etc. If he is interested in divorce, he may file it.  Further, he may file child custody case.  As you have got valid reasons to leave his companionship and matrimonial home, you can contest RCR / divorce case by engaging a proper advocate.  In child custody case, as the child is only 4 years of age and if he files child custody case, it is more likely that he will get visitation rights but not custody, as in these cases, the court will consider the welfare of child as the dominant factor to decide the case.  More likely you will get the custody of the child.  As you are not inclined to entangle in legal web, you write a simple letter by speed post/registered post to your husband explaining the hardships you met in the matrimonial home forcing you and your child to come to natal home.  Explain the facts threadbare without putting imputations against anyone or otherwise that may provoke him to initiate some legal action, as said above. 

Tajobsindia (Senior Partner )     20 September 2012

1. He may file S. 9 HMA i.e. plea before court for restitution of conjugal right (seeking court assistance for an order for you to rejoin his company). It is your sweet wish to rejoin if you feel you and child would be safe or not to rejoin him if you have valid reasons and Court cannot fore you for the same i..e if ever he succed in getting one such Order.
2. In husband wife relationship consent of husband before leaving matrimonial home is duty of a wife.
3. If you donot currently want divorce from him then inform your wishes to stay at your native place till things return to normalcy.



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