legal standing of a husband under desertion

Though I am no advocate but a very careful reader of the law My respnses are here under:-

1. Age of children is very important in Custody less than 5 years next to impossible and more than 5 years say a 40% chance custody may be granted if he is able to prove you are negligent and can't maintain the children.

2. If he stayed over-night he needs to prove it and it could be held against you for seperation period but you could put it as a situational difficulty (transport not available/ weather conditions/ health conditions). by proof I mean he has to have photos/witnesses etc to testify that he actually stayed with you.

3. A Man can file divorce under 2 clauses a) desertion where you have been living away for a period of 2 years or more. b) Mental or physical cruelity where you have been taunting/insulting/behaving badly or hitting or abusing him. both the above have to be proven conclusively without wich divorce can't be granted.

4. The maintianance of the child once you start working is an equal responsibility(opportunity) This has to be done together and the child can file under CrPc-125 or you can also file a case for this. dont forget the clause no maintainence no access and vice versa

5. Legally he can't sell any property without having a power of attorney from you.

6. is missing in your post.

7. File a complaint against your Husband in the mahilya Aayog or approach the local police with your fears they will guide you to a protection officer. This would result in a Domestic Violence case where in you can secure the house and inturn drive your fears away. Collect evidence that you are staying in the house.

8. Same as above Domestic violence act can provide you restraint orders.

9. Same as point 6 covers all relatives of husband so again your fear will be addressed.

10. Children will he heir (share holders) to all ancestral property but not to property that is bought by your husband unless his will says so.

11. If he comes back to stay with his mother can't happen if you are filing for Domestic Violence. In case you don't and if they misbehave collect evidence in the form of recordings/photos/witnesses.

14. Implications if you would have to stay away from the house for a couple of days are none.

Madam I do understand that you are going through hell as another human being I would request you to draw the courage from your innerself to resolve this matter mutually. There will be loss and profits in life but those can't be held in relations....especially those of husband wife and parents....don't forget to think about how they would feel without a father or mother. Put yourself in the other parties shoes and think is another action that would help you in both ways.

May god show mercy and bless you with happiness and joy.

Please consult a proper lawyer as I once again repeat that I am not a lawyer just a mere simple reader of the law.

dear amol thanxs for the support but i really require a feedback from legal

my children are aged 6 and 4 respectively

i want to once again state that i do not want a divorce, i am okay with the fact if my husband and his mother come to live with me.  but i wanted to know if the law will actualy permit them to do so.

i am only concerned about my security as my husband has turned very vindictive of late.

i will put in again

• my husband has been living out of this marital house for last one month
• he has come once and stayed with us overnight
• he has paid for my maintenance thourgh chq, paid for the childrens education etc.

can any of these things help him in filing for seperation or divorce.

Lawyers  please contribute i really need some feed back in this matter.