What should I do about my husband's refusal to support?
Hello sir, I am Hindu, married for 2 years, and have a 5-month-old baby girl. I am currently nursing my baby and working in a government job, with a 1.5-hour commute from my in-laws. My husband works at the same place, and we earn equally. He promised to shift closer to my office but is now stubborn about it. He is asking me to buy a flat, claiming it will secure my money, and is not allowing me to send any financial support to my dad. My dad is working but has a home loan, and my sister and her 5-year-old child are dependent on him for various reasons. What should I do? Should I consider divorce? He will not agree to a mutual divorce. Can I win the custody of my child with WhatsApp chat as evidence? What if the case is dismissed? How long does a contested divorce typically take?
Your ground to claim divorce could be mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act. You can also bring WhatsApp chat into evidence; however, it would be admissible in the court of law only when brought within the purview of Section 65B of the Indian Evidence Act. In case it gets dismissed, you may file an appeal or gather further evidence. The contested divorces generally take a minimum of 5 years for the final decree, while mutual consent divorces are relatively fast, about 6 months. Even the custody of your child can be obtained, though proper legal advice is to be sought to navigate such proceedings efficiently.
Ma’am, firstly you should try to have an open communication with your husband and in-laws in an amicable way and if they did not respond to it then you may consider seeking mediation to resolve the issue. It is advised to consult an expert lawyer who will assist you with the procedure of divorce and custody. For further legal assistance contact us on our helpline number.
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