My husband filed conjugal rights case against me
I have filed DP act 498a and Domestic Violence case in bangalore and he has registered a case against me in chennai saying that i demanded a luxurious lifestyle. but actually he and his parents troubled and tortured me during pregnancy hit me though my dad had given honda city car to me but i was not allowed to travel in that instead i had to travel in govt bus to office, and which i was unable to travel by govt bus i registered a office bus and all that proofs i have and one day he came to bangalore hit me and my dad and demanded me 1 crore rupees and went back to chennai by saying that he will do second marriage and switched off his mobile from then it has been 2 months no contact with him and now i get a court notice of conjugal rights.
Please suggest me on this and i am 7 months pregnant now its tough for me to travel i have even put leave to my office and please suggest me some good family lawyers in chennai
Asked 1 year ago in Family Law from Bangalore, Karnataka
As I have no relative in Chennai, and i have undergone lots of physical and mental torture for the sake of money from my inlaws and husband and also i belong to a highly religious and respected family background, got married to some fraud person from a fraud family and spoiled my life, i just ask help on how to deal with this problem as i am pregnant and i have faced lots of stress, anxiety and hypertension, all this will affect my baby, please anyone suggest me a good lawyer and i cannot afford for a costly lawyer please suggest me an affordable good lawyer if you know any in chennai, i can even share my FIR and DV case copy to show how much trouble i have faced and its not a lie. After earning so much, being so much educated and being a too religious isalmic orthodox girl i have faced so much torture without informing my parents later on i had to inform my parents about all this torture because my husband was creating a lots of issues
Asked 1 year ago
1. Well, nothing to worry. You can get the case transferred to Bangalore.
2. For this you have to file a transfer petition in supreme court to get this case transferred from Chennai to Bangalore.
3. Since you are pregnant and unemployed lady the case would be transferred for sure.
4. in the meantime pursue your DV case vigorously.
Goodluck. Feel free to contact if you need my assistance for Transfer Petition to be allowed.
1) continue your dvcase on merits
2) in RCR case wife should take plea that it is not possible to stay with husband on account of mental tortureundrtgone by you
3) your husband wil settle cases with you if he does not want to run around courts for years
4) you can't st your husband second marriage as he is Muslim and can have more than one wife
5) for lawyer in chennai search kaanoon website
6) you can move supreme court for transfer of RCR case to bangalore
This is a tough time in your life. What decision do you prefer? Divorce or living with your husband.
If divorce, then file a Divorce case against husband in Bangalore and file transfer petition in your husband in Conjugal Rights case before Supreme Court .And heard both the case in Bangalore.
D V case do not provide a divorce .Its only provide protection from domestic violence and maintenance.From 498A only can treat to make pressure on husband and leads to settlement .In the breaking of marriage some of prominent reasons are jealously, pride and ego. Ego usually comes out of fear of losing control or proving yourself right or when someone is feeling insecure. In your case the ego workout more in your husbands mind .
1. File an application before the Supreme Court praying for an order for transferring the case to Bangalore for your inability to travel to Chennai for health reason and also as you apprehend assault on you which is is habituated to do as reported while filing 498A complaint against him,
2. Hope you have collected evidence of his his assualt on you through audio/video recordings,
3. You should now file a 498A complaint before the Bangalore police also since he has assualted you at your place at Bangalore,
4. Engage a local lawyer having expertise in this field.
1. You do not have to attend the case fikled at Chennai,
2. You should file an application before the Supreme Court for transferrintg the RCR case filed by him at Chennai to Bangalore,
3. You can attend to it at Bangalore when it is transferred there and it is not at all very difficult to get the said transfer of case from chennai to Bangalore.
How long will it take to transfer the case from chennai to bangalore ?
As i am 7 months pregnant i cannot frequently travel and have health issues related to my pregnancy
Asked 1 year ago
The transfer petitions generally takes around 6 months for disposal. Once it is admitted stay is granted and hence you need not attend Chennai.
File transfer petition asap.
1) you have to approach lawyer in Supreme Court in this regard
2) you need not appear personally in supreme court
3) it may take 3 to 6 months for transfer
1. You can move the Supreme Court to have the case transferred from Chennai to Bangalore. Your request may be viewed sympathetically by the top court.
2. You can continue in Bangalore the cases filed by you.
1. You can check this portal to see if there are any Chennai based lawyers present here.
2. Transfer proceedings may take around 7-8 months to complete. However, you are not required to go personally to the SC as the presence of your lawyer shall suffice.
File a transfer petition in the Supreme Court through an advocate to get the case transferred to bangalore on the grounds of difficulty as you are pregnant and unemployed. Meanwhile contest your DV case on merits and plead that it is not possible to stay with the husband in your reply for the RCR petition filed by your husband
1. You won't have to go to Delhi for filintg the said transfer petition at Supreme court, your advocate will take care of the matter,
2. After it is listed, it will hardly take a month for getting the order,
3. Engage a Supreme Court lawyer from Bangalore or engage a law firm at Bangalore having office at Delhi who can arrange your lawyer to file the said transfer petition and move it.
You can get the case transferred or in alternate, you can appear before the court and give statement stating that you are ready and willing to live with your husband and you have not deserted him, instead you were asked to vacate the matrimonial house. ( Remember to deny all the allegation if any in the petition)