I have three sons aged 9, 11 and 19 from my husband whom I was legally wedded to in church. He’s the only son of his parents and he has two elder sisters, who are married and settled. Since day one of our marriage, I was disliked by his mother… He began abandoning me from the very first pregnancy, first for a week, then for months, then a year… Finally in 2012, it seems he has left for good and has not come back.
I managed to find his number last year and called him up. He openly admitted over the phone, that he is living with another woman. After that, his number has been out of reach. I approached his parents and siblings but they refused to give me any information on his whereabouts.
I have no financial support from my husband.
How do I fight for my rights or claim alimony and child care?
Related reading: Financial assistance for divorced moms
Nandish Thackar says:
On going through your query, it seems to be a clear case of mental harassment, cruelty and adultery which are offences punishable under sections 494 and 498A of the Indian Penal Code. You can immediately approach the nearest police station and register an FIR against the husband and family members for the aforesaid offences.
You can also approach the concerned Family Court and file an application for divorce under Indian Divorce Act 1869, mainly on the ground of desertion, cruelty and adultery.
Parallely, on the aspect of maintenance, you can approach the concerned court and file an application u/s 125 of the Criminal Procedure Code inter alia seeking maintenance for yourself as well as the minor children.
You can also file a complaint under the Domestic Violence Act wherein you can seek compensation as well as residential rights for yourself and the children.
All the best,