Currently , i have a three month old child. My husband and in-laws started with mental harrasment and abuse during my pregnancy. Now they are demanding my entire salary and additional gold and money from my mother. I am currently at parents place with baby and my in laws and husband have not bought even a single set of clothes and come emptt handed and abuse me verbally demanding money. There are recorded threats of physical harrasment and threats of killing me as well. What are my options to file for divorce. Can i deny my parents , in laws and sister in law the visitation rights?
1) refuse to pay your monthly income to your in laws . if demands of gold , money are made file case of 498A against your husband and in laws .
2) you can also file case of DV if you so desire . claim compensation for mental torture undergone by you . also seek protection order against husband and in laws .
3) you can file for divorce on grounds of mental cruelty . however you cannot deny your husband visitation rights of the child . you can seek child custody
My husband will try to meet me at my place under pretext of meeting the child. And thus he will have oppurtunity to hurt me or my parents. I have recorded evidence where he has stated that he will burn me and kill my family if i do not obey him, Can i revoke his visitation rights due to his threats. P.s. he is not willing to financially support the child.
1)he is bound to maintain the child . you can move court to direct your husband to maintain child .
2) lodge police complaint against your husband f he has threatened to kill you .
3)you can request court not to grant him visitation rights on account of threats to life made by your husband . let court decide . ordinarily visitation rights are not denied to father
Thank you ... God bless you..
thanks for your appreciation
purchase a flat in my name in 2009 . My mother is my nominee. I had given the fslt on rent for 2 years. In 2012 , i got married and i moved into my flat with my husband and in-laws since their flat was too small. Now , two years into marriage and a baby, they are trying to extract money from me , my salary etc. I am now staying with my parents house but my husband and in-laws are still staying at my flat. 1) can i legally ask my in-laws and my husband to leave my flat and go to their old place ( which is retained by them) 2) can i extract my belongings from my flat.. jewellary, tv, etc.? 3) can they change the nominee to my husband's name against my wish?
1)yes . you are absolute owner of flat . you can ask them to vacate your flat .
2) you can remove your jewelry etc from your flat
3) only you can change nomination as you are owner of flat . better make a will in your mother favour
Ajay Sir , thank you very much for precise answer. I have one more query. If i file a divorce on grounds of cruelty and mental harrasment ( i have adequate proof and witness required ) Will i have to pay maintainence to my husband? He is earning well , but i earn double of what he earns. I read recent supreme court hearing where wife had to pay maintainence. Do i have to pay maintainence if he leaves his job?
what does your husband do
He is working in same private company in which i am working in, however he is in junior position and hence he is earning lesser than me but good salary.
you are nor require to pay him any thing as he is working
Will i liable to pay if he leaves the job? We are in same firm and he is claiming that i am spoiling his reputation which is not true. I believe he might quit the job once i file divorce out of embarrasment. We have many common friends and colleugues within the firm and the news will spread very fast,
he will not be entitled to any thing as at the time of your filing he will working and moreover he is working for the last so many years
Rajeev Sir ,Thank you for the prompt response. Appreciate the same.
my pleasure
you wont have to pay maintenance to your husband since he is well qualified and earning a decent salary . just gather all evidence you have of his salary . even if he quits job you wont have to pay maintenance as with his qualifications and work experience he can get another job
You have umpteen remedies in law against your husband and in-laws.
1. You may file a case for dowry harassment against your husband and in-laws. Since you have in your possession recorded threats issued by them they may be staring down at a possible conviction in court.
2. In addition to dowry harassment, you may also file a complaint for threatening to kill.
3. You can apply for divorce on the ground of physical and mental abuse suffered by you. The recordings will once again help you to sail over the legal process and obtain divorce.
4. In addition to all this you may file a case for domestic violence to claim maintenance and compensation for yourself and your child.
You may successfully impeach your husband's right to visit his child. File a case for child custody and contest his right to visiting his child. The final word will rest with court. It may or may not allow visitation to him.
1. Do no agree to any demand to pay a portion of your salary to them./ They have no right on your salary.
2. Since the flat has been purchased by you in your name the ownership thereof lies with you alone. You can issue a legal notice to them to leave the flat, failing which a case for eviction can be filed against them.
3. You can remove your belongings at any time. If they obstruct the process then seek police assistance.
4. You alone can change the nomination. None else can.
You are under no obligation to maintain him. His claim for maintenance cannot survive the test of law.