Alcoholic and abusive husband
Querist :
Anonymous
(Querist) 17 November 2009
This query is : Resolved
Hello Sir,
I am a working woman with a two month old baby.Right after my marriage,my husband started abusing me for money indirectly.He is an alcoholic and had asked me to abort my child many times.When I was 4 month pregnant,I came away to my maternal home and since then has been living here.After my baby was born,neither my husband nor any of his relatives came to see her.
I dont want to go back and want to file divorce.
I would like to know the following:
1)How much time and cost does divorce take?
2)I want compensation for my baby.Can he deny divorce on this ground?
3)Can court make him pay compensation forcibly even if I dont allow him to meet my baby on occasions?
4)In case I stop working after divorce,can I ask compensation for myself too?
Thanks in advance.
Awaiting for a response
Adv Archana Deshmukh
(Expert) 17 November 2009
You can file divorce on the ground of cruelty. You can file for maintainance u/s. 125 cr.p.c for your baby. If it is not in the interest of the child to meet his father, the court may deny him visiting rights also. That has nothing to do with maintainance. Your husband cannot deny maintainance to the child, it is his legal responsibility. If you are unable to maintain yourself you can claim maintainance for yourself also. But if you can work and have sufficient earning, why stop working and depend upon maintainance from the husband?
n.k.sarin
(Expert) 17 November 2009
rightly advised by Archana ji
Rajneesh Madhok
(Expert) 23 November 2009
You can claim maintenance from four different laws, like section 24 Hindu Marriage Act, Section 125 CrPC, Section 18 Hindu Adoptions and maintenance Act and Domestic Violence act.
Section 498A, Domestic Vilence Act, CRPC 125, Adultary law, maintenance laws will be helpful to you and you will find it like Free ATM machine. Please go and pursue on the above mentioned Acts.
The court has to decide that the allegations are true or false, but merely on the basis of the verbal allegation of the wife, the entire family of husbands including mother, sister are thrown out of their house under the Domestic violence Act. Just the wife need to say only that I am anticipating Domestic violence from my partner--husband, be it a friend or any one and the man is thrown out of his own house and his bank accounts can be frozen.
Rajneesh Madhok,
B-xxx/63, Nehru Nagar,
St. No. 2, Railway Road,
Phagwara (Pb)
Querist :
Anonymous
(Querist) 25 November 2009
Thank you so much for the information Rajneesh.
Guest
(Expert) 25 November 2009
I'd like to answer your query seriatim:
1. If you file for divorce, and mediation is suggested by your competent lawyer, it is in your interest to seek mediation which will end in a few months' time. Else, if your husband does not consent for divorce, it'd be a long drawn battle in the court;
2. Maintenance for the child by the father cannot be denied. Experts hereinabove have already suggested the procedure and provisions;
3. Visitation rights is a legal right of the biological father. Nobody can deny this right to the father unless vehemently proved that visitation rights would cause harm to the child's growth. Here again, maintenance is not an issue provided he is earning;
4. I suggest do not stop working after divorce. Yes - if you are sufficiently earning, your husband may deny maintenance for YOU but maintenance for the child is available. As rightly advised by Adv.Archana, if you are capable of earning sufficiently for yourself and your child, why claim any maintenance from such father. Get rid of him by forsaking maintenance on a condition that he gives you full custody and guardianship of the child. You will face enough trouble, even after divorce, if you don't get full custody and guardianship of your child. So press for it... that should be your criteria now... and not maintenance.
Querist :
Anonymous
(Querist) 25 November 2009
Thanks Vedaa.
My husband is an alcoholic and always quarreled with me whenever he came home drunk.
Can I deny him visitation rights on this ground that his alcoholic habits can harm my child's growth?
Also I would like to know more on "full custody and guardianship".
Thanks again.
