• Divorce case

It was a love marriage its been 1 year and my husband used to listen to his mother everytime who wanted us to get divorced , he never took a stand post marriage and used to hit me often and when i responded sh eused to call my family members and say that this girl is not worth of gtng married to anybody .girls should not resist and to save the marriage should stay quiet,husband will understand on his own, she used to be unhappy if my husband did anything fr me and when we used to have arguements she used to interfere and instigate my husband to give me divorce and leave me.they changed the house locks and did not let me in and threatened me for divorce . i also conceived and she tried to shame me by asking whose it was.my husband was fully in control and never thought as a husband.i was in depression and had to abort the child after informing my husband.my husband took me back home and my MIL left the house. we shifted in a 1BHk apt and since then she used to emotionally blackmail him that he left his single mother because of a girl. he used to get aggressive and hit me many a times and break the house articles in fit of anger and always threatened me for divorce and he would run away. recently he again assaulted with the curtain rod and dragged me by my hair 2 floors down the stairs i had to call the police ,when i defended and tried to stop him he too got scratches,police took us to the police station where my MLC was conducted and he ran away with his stuff back to his mother its been over a month and he has also done a mlc the next day and filed a complain that i tried to hit him,instead of feeling guilty he said i deserved it and is threatening for a divorce and is projecting everywhere that he is the victim.though he ran away before i reached home he is also blming me for his pan card and net dongle theft .we both were earning and i used to manage the finances and bought every article of the house .he is now claiming that its his appliances that ive stolen. im staying alone now and he has blocked me from everywhere and wants a divorce. police has filed an IPC323 as mlc was simple . i want to9 reconcile as divorce will scar my life but he is adamant and so are my family members as they have see nme suffer. i know he didi all this because of his mother who herself left the house but blamed me for all this. kindly suggest as he has filed a domestic violence case against me .he used to abuse my parents and when i used to reply he used to record things as well.
Asked 8 years ago in Family Law
Religion: Hindu

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7 Answers

1)your husband cannot file DV case against you

2) you can file DV case and seek right to stay in matrimonial home , prtection order and compensation for mental torture undergone by you

3) you would not be awarded maintenance as you are working

4) file complaint under section 406, 498A of IPC against husband, MIL and seek return of your streedhan

5) if you want to stay with your husband file petition under section 9 of HMA for restituon of conjugal rights

6) if husband files for divorce contest the divorce proceedings

Ajay Sethi
Advocate, Mumbai
99977 Answers
8161 Consultations

1. This marriage seems to be over and you can force into it unless your husband also wants you back.

2.If he is adamant then rather negotiate with him and go for mutual divorce but not beofre taking a permanent alimony.

3.if he fails to secure your financially then you can file case u/s 498A,406 as well case under PWDV Act.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

The domestic violence case he filed is not maintainable.

You can file a restitution of conjugal rights case against him.

Challenge his divorce case properly and till the end by regular follow up.

You also can file a domestic violence case against him and his mother.

T Kalaiselvan
Advocate, Vellore
90179 Answers
2506 Consultations

Dear Concerned,

With the intervention of the police in the matter the things have got bad in your relationship and only possibility of reconciliation seems only if there is intervention of some elders.

If you fail to do the above - it is suggested to consider mutual divorce then fighting on unnecessary cases in courts. You should talk to your husband for compensation and one time settlement.

Best of luck

Atulay Nehra
Advocate, Noida
1316 Answers
58 Consultations

1. If you want to reconcile then you may file a case under section 12 of domestic violence act to seek right to residence in the house of your husband. During subsistence of marriage a wife has the right to reside in her matrimonial home. You may in your petition seek protection order to stop your husband from committing further acts of domestic violence.

2. You may also file RCR in which the court may refer both of you to mediation to iron out the differences.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

you have written that: kindly suggest as he has filed a domestic violence case against me.

a husband and other male relative cannot file DV case against you. if it is filed it shall be dismissed at the admission stage.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

1. you have not committed any fault hence he cannot get divorce because our divorce law is based upon guilt theory so guilty party cannot get divorce from innocent party.

2. you should contest his divorce petition and file RCR against him for restitution of conjugal rights

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

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