My rights as first wife

It appears that in your querry, either the marriage date or the date of delivery has been typed wrogly.  Get it correct.

If your marriage was held as per Hindu Marriage Act, then you can file divorce petition here in India on the ground of cruelty.  If you want to pursue the matter in Australia, the matrimonial laws there will be applicable, where, I hope irretrivable  breakdown of marriage is a ground.  If both would submit the jurisdiction of Australia court, then only that divorce decree is valid in India.

As long as you are not working and he is working, you and your child are entitled to maintenance, as per Indian Law.  Once you are employed, even then your child will get maintenance.   

Dear Ms.Disha,

1. You certainly have a right to maintenance from your husband and so is the child. The Court while awarding maintenance would try bringing you, as far as money can do  it, to a life that you led living with your husband, commensurate with your status in life. 

2. As regards property - you have the right to residence in your husband's property.

3. Considering the young age/care required for the child. Positive you would be able to retain custody.

4. A lot many other remedies civil/criminal are open to you to address the issue of domestic violence. 

Feel free to talk! 

Dear Disha, I wonder you got married in Dec '11 and in March you gave birth to a child!

Is the torture getting by from in laws connected with this issue?

please read  as dec'10 and march '11

oye tujhe tu CID mein hona chahiye tha...yahan kya kar rahi hain?

Sir, one of my best friends sister ( they are living small city ) married and she got one daughter from husband.,but after some time due to some family problem she came back with daughter. our local advocate made deed on divorece on rs. 500.00stamp paper and registered the deed with clear mention that now their will be no right, one time alimony taken, she will take care of daughter and for her marriage also she is responsible,now bothcan remarry and some normal condition. My  friend sister remarried one of with widoer but here also due to children ( her second husband is having two children from his first wife ) some problems are arising. The second husband do no wants any latigation, pls adivse now what my friend sister can do? Now he knows that her first divorece is not from court but having deed of divorece and signed in registrar office. Pls help

Thanks