3 Answers
Dear Client,
If your current marriage is untenable and affecting your child's well-being, the law provides remedies including seeking a decree of divorce before the competent family court on appropriate statutory grounds. Additionally, you and your minor son hold the right to claim interim as well as monthly maintenance for your sustenance and welfare. Depending on the nature of the marital discord, further civil or criminal safeguards may also be initiated for your safety. A definitive strategy requires perusing your case facts and relevant documentation in full, for which a one-on-one legal consultation is advised.
Hope this clarifies your position.
OLQ LAW FIRM
Dear Client,
Provided that your second marriage is legal, you can apply for divorce through the personal law that applies to your marriage. Should the marriage fall under the ambit of the Hindu Marriage Act, 1955, you can file for divorce on the grounds of divorce provided under the statute based on the facts and evidence of the case. That the marriage is not working alone cannot necessarily constitute a ground for divorce.
Given the fact that you have stated that your son, who comes from your previous marriage, is distressed, the welfare of your son will certainly be taken into account when making arrangements for him. However, the effect of the second marriage on your son alone cannot determine whether or not a divorce will be granted.
It would be wise to first consider other avenues of settling the problems of your marriage before going the route of divorce, if possible. If reconciliation is not possible, you may consult a family-law advocate regarding either a contested divorce on an applicable statutory ground or, where both spouses agree, divorce by mutual consent.
The exact legal remedy will depend upon the religion governing the marriage, the circumstances causing the marital dispute, and whether both spouses are willing to separate.
I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you.
Dear Client,
Based on your query, if there are valid and sufficient ground then you definitely go for a divorce before the competent court of law and also you are entitled to getting a monthly maintenance for you and your minor son from your husband.
You can also go for other relevant legal proceedings as appropriate for your specific relief, but for that we need to understand your problem and current issue from first to last.
Hope this answer helps!
Its requires a detailed legal discussion of your matter and verification of your documents, regarding the further legal course of action, you may opt for a one to one-consultation
OLQ LAW FIRM.