Right to reside only under dv??

You can ask for maintenance on behalf of your minor son and seek all available relief under dv act and dont surrender any relief from your side and let court to decide what to grant or not.

It appears that the appropriate course of action is to file domestic violence case showing the expenses of the child for education, maintenance and medical expenses and the father's income derived out of ancestral properties as well as rents on them and seek maintenance for the child.  And also I suggest to ask maintenance for yourself also and leave the decision to the court whether you are entitled or not.  Seeking partition on behalf of  the child is not possible for the reason that child being minor cannot file a suit and if you file on his behalf, the question of locus standi will certainly arise and the suit may be dismissed.  But in DV case you can take stay against dispossession of the ancestral property.

Earning 50k +, its quite doubtful that you will get any maintenance for yourself, even if claimed under DV act 2005 or 125crpc.  At the most some may be awarded for the kid.  But if the husband does not have any source of income, he may utmost be sent to jail for non-payment of alimony/maintenance toward kid.  The said ancestral property to get hold of, is a bit messy.  You will have to spend lot of time in court behind that ancestral property.  The said flat and its income which is derived out of it, is liable toward payment of alimony toward kid.  Not you.  You will have to chart out detailed expenditure list of kid and produce before court along with your detailed income. 

Once you file DV, you will have to bid adieu to your marriage.  So think about filing DV case very seriously.  Its always better to sort of things between you and your husband than to approach court.  Remember there is kids life at stake.  Your kid will face major consequences in future, if you approach court with DV or divorce or DP. Making false allegations and not being able to prove them in court will amount to lying under oath which attracts rigorous imprisonment upto 7 years. So, think.  

Hi

I can say only one thing....its not child requirement...its actually frustration inside you because let me tell you....money can't make child to educate.....its parents who make child educated.....

See upto 18 years he can get education in any good school under your income capacity and if he may be a enough capable, you may look for educational loan...

I can understand your position that your husband atleast think of about the child ...........but sorry to say....once couple fight they never fight for kid.........they fight for themselves........because child never ask for divorce nor fight...........

I am a victim of similar way.............but i am ready to pay for my child..............but she is seeking for her ego boosting....not for child....

I suggest you to keep focus on your child and your future.......Court proceedings will only consume your precious time and money..........and if let say you may succeeded then what......max 5000 or 7000....but that is also at what cost.....lawyer expense, mental torture...child time squeezing......health...etc...

thanks.

Ravi... you didnt read my post properly. I am only asking if I can get right to reside. Spending Rs20,000 on rent is not a joke especially when you know your husband is not even going to give anything. I have been married for 14 years and not even once in last 14 years my husband has worked for more than 5-6 months in a span of 12 months which is a year.  On top of that he is highly educated which means it's not that he cant get a job but being irresponsible also has a limit. He is 48 years old and I think a man should be quite matured enough to know what his own son needs from him. At the age of 48 he is living with his parents who themselves are 80+ years old paying for his needs from their pension money. 

Originally posted by : ravi
	Hi I can say only one thing....its not child requirement...its actually frustration inside you because let me tell you....money can't make child to educate.....its parents who make child educated..... See upto 18 years he can get education in any good school under your income capacity and if he may be a enough capable, you may look for educational loan... I can understand your position that your husband atleast think of about the child ...........but sorry to say....once couple fight they never fight for kid.........they fight for themselves........because child never ask for divorce nor fight........... I am a victim of similar way.............but i am ready to pay for my child..............but she is seeking for her ego boosting....not for child.... I suggest you to keep focus on your child and your future.......Court proceedings will only consume your precious time and money..........and if let say you may succeeded then what......max 5000 or 7000....but that is also at what cost.....lawyer expense, mental torture...child time squeezing......health...etc... thanks.

Thanks helping Hand for your advice..... I have already waited for 2 1/2 years thinking my husband and his family will realise that he is being irresponsible but I dont think they are going to realise bse now I feel his parents and his brother are trying to brainwash him bse I have been asking my brother in law to let my husband have his own share of ancestral property so that he can have some income and we can live peacefully. But it seems my in-laws and BIL are trying to take advantage of the stress in the relationship between me and my husband. My husband is living with his parents since last 2 1/2 years but was visiting us. So he was looking at his own convenience where he was fed by his parents and he got to keep his relationship alive with his son but from July 2014 I stopped him from visiting us. I had thought atleast after all this his family and he will realise that something is definitely wrong but doesnt seem so. 

Originally posted by : Helping Hand !
	Earning 50k +, its quite doubtful that you will get any maintenance for yourself, even if claimed under DV act 2005 or 125crpc.  At the most some may be awarded for the kid.  But if the husband does not have any source of income, he may utmost be sent to jail for non-payment of alimony/maintenance toward kid.  The said ancestral property to get hold of, is a bit messy.  You will have to spend lot of time in court behind that ancestral property.  The said flat and its income which is derived out of it, is liable toward payment of alimony toward kid.  Not you.  You will have to chart out detailed expenditure list of kid and produce before court along with your detailed income.  Once you file DV, you will have to bid adieu to your marriage.  So think about filing DV case very seriously.  Its always better to sort of things between you and your husband than to approach court.  Remember there is kids life at stake.  Your kid will face major consequences in future, if you approach court with DV or divorce or DP. Making false allegations and not being able to prove them in court will amount to lying under oath which attracts rigorous imprisonment upto 7 years. So, think.

Please proceed for legal action.....