• DV act

HELLO All, I am female of 40 yrs. I got married in 2003 and out of this wedlock, one son and ane daughter is there. From beginning only, there used to be kalesh on petty issues. Mainly it was insecurity of my MIL. But after 2010, mental harassment became severe. I came on antianxiety and sleeping pills. In 2014 sept. I came in my parents house. In 2015,my MIL filed case Permanent Injunction from house and husband filed divorce. That divorce case has been dismissed on default in Jan. this year. i dont want divorce, i just want to live with my husband and my children. For that, i filed DV case in 2016. But till now, only maintenance of 10000 pm has been settled although my husband is millionaire...in last sept, it was ordered that children (daughter 14 yrs and son 12 yrs ) they would be meeting me every month. Till now, there had been no compliance on this order. What I want is only... a respectable place, my family..... Are not these things my right? Should I also not avail these??? What can be done/ Please guide me .. I have become so dep[ressed.....
Asked 4 years ago in Family Law
Religion: Hindu

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26 Answers

Hello

A case of cruelty and maintenance should immediately be filed in the district court. The court shall grant you maintenance as per your husbands status. Desertion on the Part of your husband is the cause of you misery. FILE an application u/s 9 of the Hindu marriage act for against your husband to take you back.

Regards

Rahul Mishra
Advocate, Lucknow
13759 Answers
65 Consultations

5.0 on 5.0

Hello maam.

You r on right track to attain your respective marital position .

Further you want to try.. file a section 9 RCR petition.

Thank you

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1) file application under section 125 cr pcsbd seek maintenance

2) in addition file petition for RCR against husband under section 9 of HMA

3) in said petition seek further maintenance from

Husband

4) if husband has failed to comply with court orders of visitation rights take out contempt of court proceedings against husband

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Dear Client

First of all you file a revision petition in Raj HC for the increase in your maintenance amount thru a good lawyer who can present your case effectively. Secondly you may file an application for the contempt and non compliance of the court order in the court which passed the custodial order. Thirdly you may file a fresh appication for the permanent custody of your children subject to the condition that they are willing to resode with you. Dont worry your mother in law cannot throw you out of your matrimonial home unless your husband also leaves her home and arrange for an alternate accomodation to your satisfaction. You always hv the option to opt out.

Adv vikas khatri

Vikas Khatri
Advocate, Delhi
179 Answers

Not rated

You have right to stay in your matrimonial home

2) your husband divorce petition is dismissed and there is no order restraining you from returning to matrimonial Home you can go and stay with your husband

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

1. Cordial relationship with husband which leads to happy family life can not be demanded as your right but shall have to be developed by both of you.

2. Unless there is a stay order restraining you to enter in to your matrimonial house or where your husband stays, you can enter therein with police help and continue to stay as per your right.

3. You can also claim alternate accommodation to be provided by your husband.

4. You can file an execution petition for executing the child visitation order passed in your favour.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. If you do not want your family to break, then you should develop cordial relationship with your husband and settle your dispute amicably. Development of the said cordial relationship with husband can not be demanded as your right but shall have to be developed by both of you.

2. You are qualifying women as ill hearted or well hearted which can not be proved as per law.

3. Leaving matrimonial house for period of 2 years and more without consent of husband is treated as desertion by wife which can be considered as a ground for seeking decree of divorce.

4. However, try your level best to settle the dispute with him amicably.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

It will be prudent on your part to establish direct contact with your husband and negotiate with him to amicably settle your dispute in the interest of both of you and your two children.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Make an RTI application to get hold of your husbands income from income tax department and file a revision before district session judge for enhancement of maintenance and residence orders

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

You have not done anything wrong by leaving Home

You can return to your matrimonial home

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Mam file a petition for Restitution of the conjugal rights and further pray before court that you want to leave with your husband.

Further file an application under 125 crpc seeking mainetnace.

Also seek residence in the matrimonial home under the DV act.

A revision can be filed on DV maintenance to enhance the amount of the maintenance.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can file the petition under section 9 of Hindu marriage act for restitution of conjugal rights.

your maintenance may increase according to your husband income.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Hello,

Fight until you win . If you take other steps it means that you are at mistake , so your only way should be to fight and raise your child .

You should immediately file a case under section 125 of the cr.p.c for maintenance and you should have words with your husband without anybody's interference.

If he denies file 498 A of the IPC .

A SMALL ADVISE , IF YOU THINK THAT YOUR HUSBAND is not supportive then you can file divorce and settle for big amount and lead your life happily .

However take any decision wisely.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

An application under section 19 Domestic violence act for claiming right in the matrimonial home right of the residence.

19. Residence orders.—

(1) While disposing of an application under sub‑section (1) of section 12, the Magistrate may, on being satisfied that domestic violence has taken place, pass a residence order—

(a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household;

(b) directing the respondent to remove himself from the shared household;

(c) restraining the respondent or any of his relatives from entering any portion of the shared household in which the aggrieved person resides;

(d) restraining the respondent from alienating or disposing of the shared household or encumbering the same;

(e) restraining the respondent from renouncing his rights in the shared household except with the leave of the Magistrate; or

(f) directing the respondent to secure same level of alternate accommodation for the aggrieved person as enjoyed by her in the shared household or to pay rent for the same, if the circumstances so require: Provided that no order under clause (b) shall be passed against any person who is a woman.

(2) The Magistrate may impose any additional conditions or pass any other direction which he may deem reasonably necessary to protect or to provide for the safety of the aggrieved person or any child of such aggrieved person.

(3) The Magistrate may require from the respondent to execute a bond, with or without sureties, for preventing the commission of domestic violence.

(4) An order under sub-section (3) shall be deemed to be an order under Chapter VIII of the Code of Criminal Procedure, 1973 (2 of 1974) and shall be dealt with accordingly.

(5) While passing an order under sub-section (1), sub-section (2) or sub-section (3), the court may also pass an order directing the officer-in-charge of the nearest police station to give protection to the aggrieved person or to assist her or the person making an application on her behalf in the implementation of the order.

(6) While making an order under sub-section (1), the Magistrate may impose on the respondent obligations relating to the discharge of rent and other payments, having regard to the financial needs and resources of the parties.

(7) The Magistrate may direct the officer-in-charge of the police station in whose jurisdiction the Magistrate has been approached to assist in the implementation of the protection order.

(8) The Magistrate may direct the respondent to return to the possession of the aggrieved person her stridhan or any other property or valuable security to which she is entitled to.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Further my personal advice when the cases go in court, the family disputes increase they don't decrease further there are least chances of settlement and reconciliation In my view you had long marriage i dont deny you should not fight for your rights but for your children and husband a balance can be created as parents are for few years and you have still got long life to live.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Client,

There is nothing to worry and it is not the end in life. Matrimonial disputes have increased manifold in the last few years and the reason are awareness to your rights, intolerence, lack of patience, short temper etc etc. Look back in history one has always to fight for his/her rights. But cowards only think of suicide. Life must go on no matter how big the sufferings are because every moment of pain and suffering teaches you a new thing. Be brave and strong. Law favours the women and you have enough remedies available. If you need my help you may contact me over phone or meet me at my office.

Adv khatri vikas

Vikas Khatri
Advocate, Delhi
179 Answers

Not rated

ma'm, do not be depressed. in this world, life isn't always fair and you have to fight for your rights.

regards

Rahul Mishra
Advocate, Lucknow
13759 Answers
65 Consultations

5.0 on 5.0

Firslty, Mam, you please do not make yourself responsible for anythin which have been happening in your life, and please do not ever think about that coward act of suicide.

Secondly, you can file a contempt of the court in the High court for the compliance of th court order, but I would advice you to not o so that as you want to save your marriage not separation for lifetime.

Thirdly, but, yes you may have to file an application for thfor compatible if the order in the family court only so that you may be aloohave e to meet your children.

Fourhtly, all you need is time, to settle your family disturbance.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Challenge the order by means of which less maintenance has been granted to you.

You may challenge the same before the HC.

Also madam please note that no order or court can direct or force your husband to live with you.

If he is not complying with the order of the court and is not letting you meet the children then file a contempt petition.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Do not think of things like suicide.

You will have to act wisely if you want to re-connect.

Court will not help, get in touch with your husband, take to him, go for mediation and sort the issue and if it can not be sorted then separate with dignity.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Please get in touch with some good local lawyer in your city.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

File suit for restitution of conjugal rights and tell the court that you do not want divorce and want to live with your husband.

You have not done wrong. Tell court the reason for you leaving house and state that you wish to live with them now.

Suicide is not a solution to any problem. We get life once. So live it.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Dear Client,

Bette file application under protection of women from domestic violence act 2005 to claim right to residence in share house.

And wife is entitle to maintenance acc.t o life style of husband and 25% of his salary, file revision agasint maintenance order.

You can also file application for restitution of conjugal rights.

Suicide not an options.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

As a legally wedded wife you are entitled for maintenance and residence to sustain your expenses and for a decent living.

If you are unemployed and no sources of income then your millionaire husband has to provide you with maintenance amount and residence equal to his status.

It becomes your duty to prove his income after which you will be entitled to maintenance accordingly.

You can even file child custody case and contempt of court petition if he denies you the visitation rights to visit your children.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

If you want to return to your matrimonial home, he cannot stop you from entering into the house where he currently resides.

If he is living in the house where your MIL is also residing, then she cannot stop you from entering into that house.

You can file for enhancement of the maintenance amount by filing a revision before the high court.

You can filer a maintenance case separately in the DV case and also under section 125 cr.p.c.

You can even file a RCR petition seeking restitution of conjugal rights and in that also you can claim interim maintenance under section 24 of HMA.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

please answer my questions

You can approach another advocate if you feel that this advocate is not cooperating properly and can move on the lines suggested in the earlier two posts.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

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