Legal Question in Family Law in India
Legal rights of a wife and her child
I am a chrisitian keralaity,born and bought up in U.A.E completed my H.S.E.i was married when i was 18.On the day of our engagement my fiance phoned up asking for the dowry promised by my dad.we continued the marriage plans as it was already solemnized and it was a shame if stopped.my in-law use to send letters and phone my husband forcing him to ask rest of the dowry amount.then after 3years when i was 22year we were blessed with a baby boy and when he was 1year old(year-2002) we took him to kerala to show him to my in-law but again the topic of dowry came up which my dad could not give.he made some commotions. i was beat by my sis-in law.My husband and in-law hid my&sons passport,our personal stuffs including my childs food,&other items.closed all my doors that i can live.now since 5years we have no contact with him.he never bothered check how we lived or survived.with my dads help in came back to Dubai have a small job as a secretary,my son is 6 now he is going to school std U.K.G.I saw my husband going with a lady who was his girl friend before marriage,she is was also divorced.Kindly suggest me what is the best legal advice i can get.so i can ensure my sons life safe and secured.how i should i move?expecting ur valuable rply.
6 Answers from Attorneys
Re: Legal rights of a wife and her child
if you do not want to live with your husband - go for a divorce and get maintenance and alimony for yoursel and the child!
Re: Legal rights of a wife and her child
so many legal remedies available to you out of which few cannot be discussed here.
generally and normally you have typed reliefs like divorce petition, maintainance, complaint for harassment etc.
get the benefits of domestic voilence also. and when filing criminal complaint include bigamy and wrongful restraint and other applicable sections.
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Re: Legal rights of a wife and her child
You for youself and for minor child can file petition under section 125 Cr.P.C. for maintenance against your husband in the concerned court of Kerala and for that you may give power of attorney seeking personal exemption from appearing on dates of hearing of the case.
If you want divorce from your husband than you may also file the same. For further query contect me.
Re: Legal rights of a wife and her child
I understand that you are not divorced with you husband. So first find out if your husband has marreid that lady, if yes, then you can file criminal complaint of bigamy.
Also file complaint u/s 498A. Remedy under Domestic Violence Act will be very useful and fruitfull.
Next thing is to sue him for maintenace of you and your chid.
If the property belonging to your husband is Ancestral or joint family property then file suit for partition in the name of your son, and you as his guardian.
And it is better if you get divorce from such a person.
Feel free to contact.
Re: Legal rights of a wife and her child
you can ask for maintenance for your child. you have not mentioned the salary of your husband as well as yours. if the difference is much u may also claim maintenance.You can also prosecute your in-laws for harrasing u for dowry.You can also seek divorce on the ground of cruelity n desertion, beside you also can prosecute your husband for bigamy if u can prove he has married the girlfriend you have mentioned.
Re: Legal rights of a wife and her child
Are u and ur husband Indian citizens? If yes, you may proceed against your husband under criminal law; you may also claim maintenance for yourself and the child.
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