• Received notice from husband

I am a working professional and a mother of 2daughters. Its been 9.5years of marriage . I am at present living with my mother in her house. My husband has sent me a notice to come back in 3days else they will take some action against me. In that notice they have levied allegations such as bad behavior with husband and inlaws , coming back to paternal home again and again and being cruel to them. I have come to know that they are next planning to send a notice with levying allegations on my character.

My inlaws have been very interfering in our marriage and have always been creating ruckus between me and my husband. Although my husband is a very greedy man, he wants my money as well his fathers ancestral properties. At the same time he does not want to spend a penny on me or our daughters. He has abused me physically and mentally.

I still kept going with this marriage for I feel my daughters need a father and his name in this society. Also I have made peace within that I ll accept my husband however he is , but my inlaws dont let me breathe ,they have been extremely dominating and interfering.

I know my husband wants a divorce as he want to get remarried to a rich girl but they dont say it straight, it seems there lawyer has asked to get it out of us , that I want a divorce. I am not sure what reason could be for this

Now I wish to understand what are my options available under law , as I cannot go back for they might kill me or my daughters and I also do not want to divorce him. 
Also is it possible for them to just say foul about my character and walk away. Do we have anything in law to punish such people
Asked 7 years ago in Family Law
Religion: Hindu

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17 Answers

Hello,

Send a reply to the legal notice.

Lodge a complaint against then for harassment under IPC.

You need to create pressure on them legally.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Answerd by Adv kavery Anand Bangalore. Dear client I understand your situation.. immediately meet a lawyer and file DVA..498a on Ur husband and in-laws..

In that u pray to court that I don't want Divorce but I want to court should pass the order that he or in-laws can't harrass me in any kind.

For more details call me through kaanoon.com

Pl give RATING and feedback for appreciation

Kavery Anand Pandharpurkar
Advocate, Bangalore
342 Answers
12 Consultations

Dear Client,

Only legal option available to him is to file RCR u/s 9 of Hindu Marriage Act which is not that much binding on wife neither any surety that court will allow RCR, so relax.

Not compulsory to send reply to noitce but to cross and refute his allegations you can send reply cum legal notice, pasting all the reason for leaving him and threat to your life.

you can also claim maintenance for daughters.

For any character assassination , you can file criminal complaint.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Dear,

If you don't want to give him divorce then file a case against him and his family

for dowry and domestic violence.

With this case you also file application for maintenance for you and your daughters.

Tarun Agarwal
Advocate, Jaipur
768 Answers
3 Consultations

you should engage a local lawyer and reply to legal notice

2) deny allegations made in legal notice

3) mention that on account of abusive behavior of husband you were forced to leave your matrimonial home

4) that you are willing to return to your matrimonial home if husband undertakes not to abuse you physically and pays for daughter maintenance

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can complaint to police against your husband and in-laws. you also have right to file a complaint under domestic violence Act. it is important to mention that under domestic violence act you can demand monetary maintenance.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Mam first of all give strong reply to this notice stating that husband and inlaws has done physical and mental cruelty with you further have threatened to kill you and your daughter, there is domestic violence and dowry demand still for daughter you want to come back without filing any case if they agree to sign a compromise and get it notarised and if in future they harass i will file a complaint of dV in police station.

Then see there reply.

Further just levelling false allegations he will not get divorce we can contest it even if he files, and can jeep case hanging for years, and further can ask maintenance and they can be punished for domestic violence,

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Since you have received the legal notice it becomes your duty to give a reply.

You may give a reply denying all the allegations.

You may state tht it was he who has tortured and harassed her on the ill advise of his parents.

You can also state that his parents are reason for you to leave the place.

They have done ally type of cruelties and have forcibly threw you out of yor matrimonial home.

You can also state that in view of the threats for the lives of you and your children at his home, you will not be able to live in that house along with his dreadful parents hence you may ask him to set up a separate house outside his parents house where you can resume your broken marital voyage.

You may state that you will remain to live in your parents house until this arrangement is made and confirmed.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Hi,

You are suggested to send back the legal reply duly drafted and showing your inability to obey that notice.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Firstly reply to the said notice and mention that you want to stay with your husband but due to interference and torture of in laws you are unable too. Thereafter if he files for divorce resist the same in court to get divorce he has to show strong ground or court will reject the same. For maintenance of yourself and your children file a petition under 125 Crpc seeking maintenance from your husband.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

1) you should contest divorce proceedings

2) court would grant husband divorce only if he is able to prove allegations made in divorce petition

3) if husband is not able to prove his case divorce petition would be dismissed

4) court cannot direct husband to stay separately from his parents

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Serve a lawyer's notice initially to him to intimate him that you have left the matrimonial home due to constant acts of domestic violence committed by him and his family members. This notice by you will will come to your aid when you are to repel a petition for restitution of conjugal rights that he may file to seek a decree of the court against you for resumption of cohabitation.

2. As and when he files a petition you can contest it fittingly.

3. You may file a DV case under Section 12 of DV ACt to seek maintenance for yourself and daughter, monetary compensation for the acts of domestic violence committed by them and also alternate accommodation at your husband's expense.

4. The court dissolves the marriage through a decree of divorce only and only if the allegations in the petition are proved by the petitioner.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. If he files a petition same can be contested, maintenance can be demanded and you can refuse to divorce and deny allegations levelled by him.

2. No if the allegations in divorce petition are not.proved the court dismiss the divorce petition after.years.

Though the court cannot ask the husband to live away from the parents.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Please note once your husband files petition you will receive summons from court appoint a lawyer to represent your case. If he ask you to come back the matter will be referred to mediation or conciliation where you can put your views freely and if he files for divorce resist the same and unless he has strong grounds of adultery court will not be inclined to give divorce secondly claim for litigation expenses by filing application under sec 24 and for interim maintenance during pendency of divorce petition.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

1. If he files a petition for RCR then you may appear before the court and file your objection in the form of counter to his petition denying all the allegations and averments as mentioned in the petition and challenge the same during the trial proceedings.

2. The court has no power to direct him to leave his parents and live separately with you alone.

In the divorce he filed it is not necessary that the court will give a judgment in his favor alone.

You can fight it out properly and get his case dismissed.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You can deny living with him due death threat.

Court dose not order to get separated from parents but to provide you separate accommodation and if court will not find any merit in his case, divorce petition will dismiss.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

your doubt is right, he will do as you mentioned.

first of all you hire local lawyer, and contest the case.

if you both are not ready for divorce and you want to live separate with your husband,

give valid reason court will order in your favor.

Tarun Agarwal
Advocate, Jaipur
768 Answers
3 Consultations

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