• Husband not coming home and not allowed me to stay with him

My husband had an illegal affair with his own brother wife.my aunt and uncle are supporting my husband illegal relationship because my husband brother had no job.he fully depends on the wife income.so my marriage is love marriage iam different caste based on that they want to quit me and my daughter .they put harasement case agsinst me.and not allowing me to enter into myinlaws house.my husband is staying with myinlaws not giving single pisa to me and my daughter.iam staying in rental house.no job for me.they did not lift phones.no communication.ny husband not coming to my house.what is their intension.how much time i have to wait.how can i survive my daughter.but i dont want divorce.they are willing to give me to divorce.but myself alone to give divorce they are waiting.whay can i do.my daughter had 9 years.
Asked 6 years ago in Family Law
Religion: Hindu

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14 Answers

Immediately file a petition for restitution of conjugal rights since you have been deserted and abandoned by your husband. Also, seek interim maintenance by way of filing a separate application before the Family Court.

For your husband has failed to maintain you and as you're not earning and you and the child fully depend on him, file a petition seeking regular maintenance under section 125 CRPC.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

If you've been meted out with cruelty by your husband and the in-laws, you have the option of approaching the CAW(crime against women) cell of the Police and register a Complaint against them .

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

You're marriage is registered under the Special marriage act?

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

File a petition for restitution of conjugal rights under section 22 of the Special Marriage Act.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

You should file a case for maintenance under section 125 of the code of criminal procedure. You have right to get maintenance irrespective of the fact that your husband has filed case of harassment against you because according to Section 125 of the code of criminal procedure a wife has right to maintenance respective of filing of or value of any civil or criminal case against her.

If you have evidence to prove that you husband has Extra marital affair with his own sister-in-law there for you will get divorce or without getting divorce you are entitled to get huge maintenance.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

If you want to restitutive marital life you can file a petition of restitution of conjugal rights. If you husband has no reasonable cause to refuse your urine then you are entitled to restitutive conjugal right the court.

after satisfaction of the fact that husband has no reason to refuse you are Union therefore court shall pass decree of restitution of conjugal rights and bound your husband to live with you.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Hello,

1) If you want your husband to come to you, the legal remedy you have is to file for restitution of conjugal rights in a court of law.

2) You can file an interim petition seeking maintenance for you and the child once you have filed RCR petition.

3) How and in which court you need to file the petition will be determined on basis of the manner and the rights under which you got married and the marriage certificate you have etc. Once your lawyer sees the documents he/she will be able to determine about the procedure as to how to go about the case.

S J Mathew
Advocate, Mumbai
3548 Answers
175 Consultations

5.0 on 5.0

file DV case against husband

2) seek alternative accommodation

3) maintenance for your self and daughter

4) compensation for mental torture undergone by you

5)file petition for RCR in family court

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

how was your marriage solemnized?

marriage between Hindu and christian could not have been solemnised under provisions of Hindu Marriage act unless he converted into Hinduism

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

1. During the subsistence of marriage a wife has the right to reside in her matrimonial home. Since you are disallowed to be in your matrimonial home you may file a case under section 12 of DV ACt to seek right to residence and protection order against further acts of domestic violence in the shared household.

2. Apart from claiming protection order and right to residence you can also claim maintenance for yourself and your daughter from your husband.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You can file a RCR case against your husband and also file a petition under section 125 cr.p.c. claiming maintenance.

If your in laws are not allowing you inside their house you may file a domestic violence case agaisnt them seeking protection and residential rights in your matrimonial home.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Plz give some advice for my situvation.how to make my husband come to my home and stay along withus.plz tell

You can file a RCR case seeking to rejoin your husband and interim maintenance under section 24 HMA in the same case, this will make him to think about all the aspects.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

in case of christian how to file case against my husband...iam hindu..he is christian.my marriage is love marriage

Since your marriage comes under special marriage act, you have to invoke the provisions of special marriage act for the said privileges.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

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