See, the situation is that you neither want to divorce him nor you want him to be in pursuance of his family.

Take that case back firstly, then try to make him realise that you both also having future to after your children.

If still he doesn’t understand then no use been together.

Do not file maintenance as this might make him more far away from you.

The best course of action would be to file a petition for Restitution of conjugal rights as you don't want to divorce your husband .

You are entitled to seek maintenance from your husband for yourself and your child.Maintenance can be sought from husband without filing for divorce also .

As you have been treated with cruelty by your husband and his relatives you have rightly filed a 498 a complaint .

1) once DV case is filed court can refer the parties to mediator to help in reconcilation

2) offer to with draw 498A case if husband agrees to stay with you

3) filing of 498A case can be counter productive

4) you can refuse to give your husband divorce

5) contested divorce cases take 5 years to be disposed of

You can only pray from court the maintenance and residence rights. No law can make to persons stay together against their will. If he files divorce you will restitution of congual rights before family Court. Rest you continue with the current legal proceedings. I can't say that he will be crazy or will realise family importance during such cases as this depends on person to person. Still you can talk to him and assure him that if he settles with you your will withdraw the proceedings against him and his family.

1. Since you wish to save your marriage and mend your husband you should file a DV case and seek right to residence along with protection order against further acts of domestic violence. DV ACt is a comprehensive legislation under which the court can order the husband to provide alternate accommodation to the husband and reside therein with his wife and can issue injunction against in-laws of the wife to restrain them from entering the alternate accommodation .

2. In your DV case itself you can seek maintenance for yourself and your child.

Adequate damage has been inflicted. Forcing one to live together is impossible per law. Both has to reconcile and come to terms. Don't inflict more damage by filing cases. Instead, wait for your husband to forget the bitter events. Let your children be allowed to speak to him.

Time will heal the wound.

Respected mam...

Mam you have number of options available what can you do against your husband and his parents but all that will spoil your life ...Mam ask them and try to convince your husband only he can solve your problem ...Try your best to settle with him and if he denies or again say for divorce then just file cases you have option available ...Mam don't puzzle yourself you have to make your mind clear what you want rather you want to solve this problem socially or legally it's upto you only then the respected lawyer can advise you best for you ..So make your mind clear first...

Thank you

Hi,

As legal advise i would advise that if you want your husband back you can only do it through communication, and not with the cases. if you file dv case i dont think he will realise his mistake however it will trigger him more and his mother ruin the entire thing. also if a person has to realise he realize it with time or when he wants to relaise it. you can make him understand several times but he will only understand when he wants to. this is what i think.

and if he is admant for divorce there is nothing really you can do about it. i would want to say that you ae educated smart girl, if this guy has behaved like this than he is not worhty of you. dont get me wrong i am not in favour of divorces but everyone deserves a happy life, think for a moment that whether pressurising this guy again and again and if he comes back what the probability he wont do it again.

you can go for maintenance of your children as he is equally liable for it, and till you are not earning your maintenance also. when your children are capable enough to take care of themselves you can go for job.

take care and be strong

Hello,

At this juncture instead of going legally I would advise you to have a word with your husband and if he is not ready to talk to you directly you may talk to him through some mutual contact. Also, try and convince her that it is the matter of your nuclear family future and that there is no point in separation.

If he does not agree and you have to file case then you can file a case of maintenance also under section 125 of Cr.P.C.

You may contact me for further discussion. I would advise you to not take any further legal step at this juncture. it is a case at times that time and words heals the situation.

Regards

Hi, you committed a big mistake by filing section 498a case and planning for DV case. Your relations will be ruined, rather file a case under section 9 HMA

Dear Concerned,

A. Joint Properties in Belgium and Hyderabad : As you are the joint owners in both the properties - you can stay without any interference from any one - your husband or in laws in either of the properties and no one can harm you or ask you to vacate.

B. He was to take you to Belgium : As your kids have a European Nationality and same is the case with your husband , IF you do not have a visa - apply for it a you may choose to got to Belgium.

C. PLEASE NOTE you may choose to file 498A or Domestic Violence against your In laws and Husband - however be informed that as your husband is in Overseas these case will not serve you any purpose other than your own harassment of attending dates, if you think putting a the cases may pressurize your husband when he is overseas - YOU are under WRONG LEGAL GUIDANCE - as long as he is overseas maximum you can do id get ex parte orders against him in all or all of the cases you intend to file . And as far as you in laws are concerned, in 498A - if FIR is registered they will get a bail and in DV the case will go on an on . Nothing fruitful will happen unless your husband comes.

SO whats best - GO TO BELGIUM - yes you read that right - Go to Belgium and go to your two bedroom house - in case your husband tries to restrain call the COPS . File a maintenance or cruelty case what ever you want - in Belgium . International laws are strong enough to shake your husband's so called peaceful life back there overseas.

YOU NEED to be strong and 100% be assured you will get 100% success - if you can go to Belgium and file case in Belgium locally. As you have stayed in Belgium for decent number of year and your kids are born there - local Jurisdiction of court concerned in Belgium.

Best of Luck

Since his tortures have become physical, you need to have protection for your life hence the 498a case cannot be said to be unjustified.

The DV case against your MIL and SIL is also justified if they have indulged in such domestic tortures.

You do not go for divorce and challenge his divorce case if he files one as a retaliation towards your 498a.

Even though your children are European nationals, you dont lose your hold on them, they can remain under your custody and in India till they attain majority.

You can file a separate maintenance case against him for you and your children.

If the flat has been bought by you, you may issue a legal notice to your MIL and others to vacate the premises.

Can I ask him to stay at home and look after children while I earn and give maintenance to prove him wrong.

No, you cannot impose any such dictate on him

He is planning to go back to Belgium next week,how can I stop him?we have court hearing on March 1st.

By any means you cannot stop him from leaving for abroad

Is giving money to spouse is only the solution as punishment to husbands who leave their wives as they want?

That is why there is provision in law in the name of protection of women from domestic violence act

1) you cannot force your husband to stay with you

2) if he refuses to stay with you seek maintenance from husband for your self and children , compensation for mantle torture undergone by you

3) if you have filed dowry harassment case court can impose conditions on his travel abroad

Practically there is no provision of punishment in DV Act and Family court proceedings. There is provisions of punishment in 498A IPC cases. So on your case it is better to take heavy maintenance from your husband for your mental and emotional torture

1. you may note that no law can force your husband to live with you.

Two people can only live together when two of them intend to do so.

As advised go for marriage counselling and I am hopeful that you matter will be resolved.

Regards