• Domestic violence

Hello Experts

I have filled for on 5th feb. DIR has been submitted by the PO. based on that judge has ordered to send summon only to my husbnad not to In-laws as i never stayed with them, but they kept coming to my place where i was living with ma husband for few days. Is dat correct?
Next my husband is working in army as major and i have also applied for maintainanc in army under army act but not received any amount yet. I have mentioned this in my dv affidavit. Army promised me to give 22% of his gross salary to me. Can i get more than this in my dv act? Additional to it iam more concerned about my accomodation. I have no place to live. My husband has a flat on his name but he never took me there after marriage so my lawyer told thats not my matrimony home. I lived in Army accomodation dat too my husband have not applied for it , army authorities has given that out of mercy. Army authorities have told me once the Maintenance will start i need to vacate their accomodation as its not applied by my husband. So what residence order court will give me?? 
Its a love marriage without parents consent in arya samaj mandir. After marriage i stayed in a PG for 3 months as my huaband asked me that he want some time to convinve his parents but one fine day he told me that his marriage has been fixed by his parents somewhr else so I should cancell my marriage with him. I did not agree with it and put a complaint to his army unit. Where his commanding officer updated my name as his wife in all documents and gave a house to live. Hoping that everything would be fine i kept on trying to convince my husband for 6 months but when nothing was going right i thought of going legal.
Pls guide me what all can i do as iam not having any support from my family too
Asked 4 years ago in Family Law
Religion: Hindu

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16 Answers

1) As per Hindu Marriage Act, wife is entitled to get property only after husband death till he is alive she won't get any share in property. Any how you are going to receive alimony for monthly expenditure.and secondly you have not staying in matrimonial house.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

The army is taking procedure as per the army rules however the judge dropped the names of the in laws as per the police final report to the court after investigation.

You may again pray for the inclusion of their names and reinvestigation by police in the court and if the court orders and police report is in your favour they may be summoned.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. Yes, the Magistrate is right in not sending notice to your in-laws since you have never stayed with them, as you yourself admit.

2. 22% of his gross salary to you as maintenance, as very much sufficient

3. Seek shelter for yourself in the DV case.

4. File a petition for restitution of conjugal rights since your husband has abandoned and deserted you without any just and sufficient cause.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

The wife is entitled only for maintenance under one act so once army complete procedure you will get the maintenance amount.

Secondly under Dv act you can claim accommodation court can order for amount for your accommodation under Dv act if army procedure donot specify it.

The names has been dropped as the final report of IO may not disclose any role of In-laws so you may request for inclusion of there names and reinvestigation from Court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) no case is made out against in laws as there is no shared household

2) you would not get more maintenance than what army has offered you in DV act

3) court can direct your husband to provide you alternative accommodation

4) seek injunction restraining husband from selling flat standing in his name

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Hello,

You have filed all the appropriate cases from DV act to filing a case before the Army.

Also it is the duty of the husband to give you a shelter to live and therefore you may file a case and claim residence for yourself.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1) you can seek right to stay in flat owned by husband

2)in addition court would award you maintenance

3) it is for court to decide whether rent would be included in 22 per cent maintenance awarded to you

4) best option is to accept money offered offered by husband and go in for divorce by mutual consent

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Yes you can seek residence order in the said flat.

It might be possible that when you get share in his gross salary then additional payment is not made for the rent.

What is your qualification?

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Pursue your CAW complaint so that a 498a case is registered against your husband.

Yes, you can seek residence order in the DV proceedings in addition to the 22,% of his gross salary which you're receiving as maintenance; or residence allowance from him in addition to this 22%.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1) If you don't want go for divorce than stick to your words you don't want any divorce and live life with husband and enjoy each and every time with him. If the property was purchased by him with you jointly or self earned than court might had think regarding flat or property purpose. But he enjoying rented flat than how could it be possible to live together.

2) Now you tell court that you can't live life without your husband a single second and see what your husband says, if you can fix with him a consent meeting. If he loves you than he will accept you and parents -in-laws for how many days they will remain , you have work smart than working hard, One should win the hearts of old people from family, you should "have all tacts that fox has and heart of lion", to handle all such type if situation in the family. You are women and you must knowing how to handle all people of family. If you really don't want to live your husband than comprise it.

Need more tips do call me by selecting consultation call.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

You can try by applying the residence right in the husband's flat. You will not get more than 22 percent as that's maximum as per me generally awarded by Court.

Prashant Nayak
Advocate, Mumbai
27232 Answers
88 Consultations

4.4 on 5.0

You can seek for accommodation under the Dv act and the court can allow same apart from 22%.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hi,

Some time may be taken by army authorities to process your application/complaint. But when the case is sub-judice in the court of law, the army authorities may not intervene in that. If you are not satisfied with court order, you may ask for review in the same court or appeal in higher court. Further, you may be granted money for accomodation/rent by the court.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Dear Madam,

If you go on such issues at this young age, your entire life end with only litigation without any notable result. If you agree then put a demand for Rs. 50 Lakhs and then go for mutual divorce. In this litigation yourself and your husband will be trouble and even your husband may lose his job. Arrange family gatherings for re union as the parents of your husband must have been upset as he married you without taking permission of parents. Coming to the question of separate residence, it will be provided by the Court and your husband made to pay rent for separate residence apart from proposed 22% monthly maintenance. Just except 22% from Army Authorities directly and withdraw your claim before the Court because Courts may not award more than 22% since you are a highly educated person and with not any reason not going for job. Take all issues into consideration and have decent future life as per your conscious.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

In residential rights case, the court may ask you to specify the residence where you resided last with him or your matrimonial home, accordingly the court may pass suitable orders.

You can file a RCR case besides DV case and also you may file a maintenance case under section 125 cr.p.c. and also section 24 of HMA.

The maintenance cases now proposed to file shall be besides the maintenance case in DV case.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

You can seek residential rights in his own flat or in alternate accommodation for which he should be made to pay the monthly rent.

The 22% maintenance by Army authorities is as per their own law, however there is no restriction for you to claim maintenance by other sources of law.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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