Me and my husband are married for 6 years. After 4 years of marriage I couldn't take the harrassment from my husband and my in-laws anymore so I decided to leave . After a few days my husband came back begging forgiveness I forgave him and went to live with him . After a year we have a baby together .With in days after delivery he started saying that me and our baby are not his responsibility and started harrasing my entire family and accusing me of affairs. He was not visiting our baby from last seven months. He is transferring his property to his parents to avoid alimony if we get divorce. He is not filing divorce just to avoid paying alimony. What should I do? I'm unemployed my husband never wanted me to do a job and refused to co-operate. What justice will my baby and I get if I file divorce and what cases should be filed against my husband?
AS Asked by asthika from India
Quick Answer
You have several legal options to pursue justice for yourself and your child in this situation, including filing for divorce and seeking maintenance and protection under relevant laws. Here are the steps and legal provisions you may consider:Filing for Divorce: You can file for divorce under the Hindu Marriage Act, 1955 if you are a Hindu.
Detailed Legal Analysis
You have several legal options to pursue justice for yourself and your child in this situation, including filing for divorce and seeking maintenance and protection under relevant laws.
Here are the steps and legal provisions you may consider:
- Filing for Divorce: You can file for divorce under the Hindu Marriage Act, 1955 if you are a Hindu. Grounds for divorce may include:
- Desertion (Section 13(1)(b)) - your husband has abandoned you and the child.
- Cruelty (Section 13(1)(ia)) - the harassment and accusations you have faced.
- Maintenance for Yourself and Your Child: You can file for maintenance under the following provisions:
- Section 125 of the Code of Criminal Procedure, 1973 - provides for maintenance to wives and children.
- Section 20 of the Protection of Women from Domestic Violence Act, 2005 - allows for claiming maintenance as part of domestic violence relief.
- Protection against Domestic Violence: You may file a complaint under the Protection of Women from Domestic Violence Act, 2005. This can provide you with:
- Protection orders against harassment.
- Residence orders to ensure your safety.
- Monetary relief for expenses related to your child.
- Child Custody: You can seek custody of your child under the Guardian and Wards Act, 1890. The court typically prioritizes the welfare of the child in custody matters.
- Preventing Transfer of Property: If you suspect your husband is trying to transfer assets to avoid alimony, you can seek a court injunction to prevent such actions. This can be addressed under the Transfer of Property Act, 1882.
Given your situation, it is advisable to consult with a family lawyer who can assist you in filing the necessary petitions and representing your interests in court. Collect evidence of the harassment and any relevant documentation regarding your husband's financial situation and property transfers, as these will be crucial in your case.
Your rights and the welfare of your child should be prioritized, and the legal system offers several avenues for protection and redressal.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.