Dear sir, I have already filled 498a,506,3/4dp act against my husband and his family. And also recently I have filed domestic violence and child custody along with maintenance as my in-laws doesn't allow me to enter my matrimonial home. As this home is belongs to my in-laws name, and due to I have filled this cases they have also dissolved my husband from his property as well. My husband is living separately in another city in rented house and he also doesn't want to take me with him. What I should do in that case as I want to enter in my matrimonial home. My husband is ready to provide me maintainance and also permanent alimony as he doesn't want to continue and also he has filed divorced case on basis of cruelty.but I want to stay with him. Then what should I do.? I have two girls child's and my husband is ready to take this child but I don't want to give them to him,as my husband lawyer told me before that custody only goes to strong parties. Who can take care of child better. Is it true? My child age is 4 years and second one is 8months old.
You have no rights to stay in house owned by in laws
2) if you want to stay with husband file petition for RCR under section 9 of HMA
3) welfare of children is paramount consideration
4) custody of children is generally awarded to mother
5) husband would get visitation rights
File a petition for restitution of conjugal rights against your husband.
Press for a residence order in the DV case filed by you.
Custody goes to the one who is beter suited to maintain the child.
You must immediately file 2 cases, one is restitution of co njugal rights and seek for residence orders in DV.There are judgements on the same
Dear client,
You have all the rights to enter the home where you resided after marriage irrespective of the fact that it belongs to your inlaws. You can also file a RCR petition if u want to live with your husband. Regarding the custody of your daughters it is always given to the mother unless she is mentally unsound or found to be in adultery or some other exceptional reasons.
Adv Khatri Vikas
Dear,
Your both girl child is not more 5 year old.
So court will not give order in your husband way.
Both girl child's custody remains with you only.
You both filed cases, then why you want to live with him, if you want then
file application in court for entering in house. Nobody stops you to enter.
1. If the house does not belong to your husband then you do not have legal right of residence therein.
2 In that event you can apply for rent for alternative accommodation.
3. For that you need to file a case under PWDV Act.
4. If you do not want divorce then you may not agree for mutual divorce.
5. If you keep the child with you then your husband will have too file a suit for custody which does not mena that he will get the child back.
6. Do not worry as the child can not be taken away from you.
1) You have to contest the divorce case he filed, very strongly by stutly denying all the allegations leveled against you.
2) You can file a restitution of conjugal rights case against him.
3) You can file maintenance case under section 125 crpc.
3) you can file a DV case seeking a) protection b) residential rights; c) maintenance.
See first of all you cannot force him to stay with you if doesn't want to then also you can file a restitution of conjugal rights under section 9 hindu marriage act to counter the divorce. Further you can file an application asking for residence in the matrimonial home you used to live along husband under the domestic violence act.
Since the age of the children below 5 the custody is preferable given to mother for care and proper welfare of the children.
Dear Client,
Child custody rest with mother only, lawyer advise is poor.
To avoid divorce , contest it. You can seek residence rights and RCR through court than court will order husband to arrange accommodation for you and reconciliation of conjugal rights. .
1. No husband/wife can be forced to stay with his/her wife/husband against his/her wish.
2. However, you can enter in to the house or your in-laws or the rented accommodation of your husband and stay there as his wife unless there is a stay order restraining you in entering in to the said premises. You can enter in to any of the said premises with the help of police.
3. You shall surely get the custody of both of your children since mother is considered as the natural guardian of her children up to their 5 years of age and ordinarily, custody of female child is given to the mother for obvious reason.
4. You can also pray for alternate accommodation and please note that welfare of child is treated as of paramount consideration while awarding custody. So, the Advocate of your husband is scarring you by giving incorrect statement.
The children below the age of 5 years shall remain with the mother as a rule.
If you do not want to give divorce then you have to challenge his divorce case properly.
You can file a RCR case against him.
You cannot claim your in laws house as your matrimonial home, the place where your resides is supposed to be your matrimonial home, you can ask him to provide an alternate accommodation instead of a place in the matrimonial home.
You may arrange for a peace talk with him through reliable sources.
Try to reconcile the issues by adjustments.
Maam there is no law which cab force your husband to live with you if he does not want to live with you.
Yes the welfare of the child is of paramount importance while deciding the custody of the child.
Till the age of 6, you will have the custody since legally you are considered as the natural guardian of the children.
Regards
