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asmonake (NA)     08 November 2014

Seeking a divorce

Greetings!

Have been unhappily married for the past 11 years. Of these 11 years my husband has been jobless for 7 years and has been living of my earnings citing that he is unable to find a suitable job. 

We were classmates and have graduated on the same day and are equally qualified. Inspite of this, I have had to pull  the cart with my earnings, pay for EMI's on home loans, car loans, rents as we stay in a rented premise. all expenses including holidays and entertainment. 

Am also a mother of 2 children and have had to work without a break through both my pregnancies. Inspite of having fatal complications in the second pregnancy , I was disallowed a break as I had to play the role of the breadwinner to ensure no EMI's are skipped.

My inlaws inspite of living in the same city never allowed us to stay together and help with the kids, citing they are old and this gave my husband more grounds to justify himself not working and pretend he was taking care of the house, ofcourse with 5 maids for which I was required to pay.

Fortunately or Unfortunately, my second daughter is borne with a rare genetic disorder, due to which my husband was forced to take care of her. Since her case is terminal , she requires extreme nurturing.

She is 4 years old today and finally 4 months back, my husband who was severely faultering at looking after her, not feeding her for 12 hours in a day at a stretch , citing all sorts of excuses, just abusing both the daughters, one day decided to get up and walk away as I resigned from my work and returned home to tell him I and my kids can no longer take this nonsense in life.

He has been totally absconding since. the rental house in licensed in his name but he has never paid ay rents, and he has been shameless enough to ask the LL for the deposit. His parents are siding  him stating his wife and children are a curse on his life and he should leave us inorder to get the property from them.

 

They are avoiding all contact with me and the kids and do not even respond to  any message. Have in one response refused to take any financial responsibility for me and the kids.

 

Need a few experts here to give me a brief guidance to initiate a legal proceeding to end and get out of this marraige and make them take their responsibility, I am no longer working and am unable to leave a terminally ill child and go to work and earn a living leaving her in her condition, Have another daughter who is normal and serious expenses to manage.

 

Please revert asap.



Learning

 7 Replies

Anish Thakur 7018812737 (advocate)     08 November 2014

BY LORD KRISHNA FROM BHAGWAT GEETA

sarva-dharman parityajya 
mam ekam saranam vraja 
aham tvam sarva-papebhyo 
moksayisyami ma sucah

TRANSLATION

Abandon all varieties of religion and just surrender unto Me. I shall deliver you from all sinful reaction. Do not fear.

A big salute to brave ladies like you who are fighting well in this male dominating society and looking after her family.As facts told by you in above query it seems like your husband is no where interested to take responsibility of his family.However in law it is responsibility of husband to maintain her wife and children, where wife is earning more than husband in that case wife will not get maintenance but children will get the same as its responsibility of both parents to maintain children.Your case is fit for maintenance as well as for Divorce on the grounds of cruelty. Feel free to call if you have left any query in your mind.

1 Like

(Guest)

Pratap K Pushpakaran (Advocate)     08 November 2014

file petition for maintainance but not seek divorce, it will be a easy walk away for your husband

1 Like

(Guest)

Thank you for the reply Advocate Pratap. I am not seeking for divorce. I want to live with him. I didn't agree for the divorce. So he's saying that he'll prove the court that I am not eligible for visa and so needs divorce from. Does court accept such reasons and grant divorce??

 

My husband wants divorce and I don't want. In this case how does the court give the judgement.

 

Thanks

Anish Thakur 7018812737 (advocate)     08 November 2014

Dear Kirthi,

Dont get panic, there is no law in india to get divorce on ground as mentioned by you i.e. visa rejection.However you have many legal remedies available to start criminal as well civil proceedings against your husband and even to deport him back to india. Feel free to call for detailed advise.

Pratap K Pushpakaran (Advocate)     10 November 2014

ineligibilty for visa is not a ground for divorce

T. Kalaiselvan, Advocate (Advocate)     13 November 2014

You can file a maintenance case seeking maintenance for you and your kids from him by pleading that the circumstances have compelled to leave your employment hence you are absolutely unable to maintain yourself as well as the kids.  You can file a domestic violence case too seeking protection and  residential rights in the house where he resides now after vacating this rented house.  You can file a divorce suit citing the entire cruel acts meted out to you by him all through your married life.  Take the help of a local lawyer and proceed further as  per his further advise.


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