• Not to give divorce to my husband

I got married on 20 April 2018.i belong to sc category and my husband belongs to rajput family. From the very first day my mother in law started misbehaving me. She was very much interested in my shagun money. My husband lied me about everything. Like his family and home. My mother in law indirectly keep taunting me about money and Harass me. I tried to talk to my husband but he said my mother is perfect and she can't say like this. Then one day my husband sent me message on WhatsApp which was "pay 8500 to our housing loan emi and 7500 to my mother or else give 16000 to my mother monthly otherwise pack ur bags and leave. I was shocked. It was a love marriage. I am working in a public sector bank as an officer.. I had doubt that they married me for money. But they cleared it.
I came to my mom home then same day he took all my stuff and threw on the way of my home. 
My husband works in Delhi. I went to Delhi for patch up I sent him so many messages and did call him but he did not come to bus stand. I did nt know where he live. I spent whole night at bus stand but he did not come to take me. 
Then my mother called his mother. She abused my mother and said your daughter has dirty blood. 
She kept on saying lower cast people.. 
Then around Nov 2018 my husband came to me for patch and placed the condition to leave your parents and beg to his mother. I accepted bz I never wanted to break my marriage. I did everything. I beg to him I beg to his mother. I accepted to leave my family. 
But then in December he blocked me everywhere and asked for divorce. He warned me to give mutually otherwise he said he ll insult me court. 
I don't afraid of him. 
Please guide me because I tried my best to save the marriage. 
I never give him divorce. As he spoiled my life. I want to give him a lesson.. 
Should I go to police and do fir first?
Can I take divorce from me?
Because I ll never give him easily 
It 7 months now since I am with my mom.
Asked 7 years ago in Family Law
Religion: Hindu

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15 Answers

The marriage is a love marriage. File a complaint against them under the domestic violence act and for cruelty and demand of money. Also you can file a complaint against them under the relevant provisions of the sc st act as they have also abused you for belonging to a particular caste.

He cannot obtain divorce automatically. A petition has to be filed first and you would be heard before the case is decided.

Divorce proceedings cannot be initiated before 1 year from the date of marriage.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

He can leave you but in case he does not wish to live with you the only recourse left with you is either to take divorce or live separately from him.

He can be granted divorce if he has valid grounds to show to the court.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes.go to police file a detailed complaint under domestic violence act , dowry act , and 498a. 

If he files for divorce same can be contested he has no ground for divorce from you. If file for.dovorce.file application for interim maintenance in same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See if file for divorce contest same and further file criminal cases against him mother and other family members.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. This is man is not worth of being relied up or trusted anymore and he must be brought to books for the series if illegal actions.

2. First lodge complaint against him and register a case u/s 498A , 406.506 of IPC.

3. Then file a case for maintenance and damages under PWDV Act.

4. Do not give him divorce and if you do not then it would be very difficult to get divorce from you.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

file police complaint against husband and in laws for dowry harassment under section 498 A of IPC read with section 2, 3 of dowry prohibition act 

 

2) also file piton for RCR under section 9 of HMA 

 

3) in event husband files for divorce contest divorce proceedings 

 

4) contested divorce cases take 5 years to be disposed of 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

Husband has to prove allegations made in divorce petition 

 

2) you can contest divorce case 

 

3) you can also file petition for restitution of conjugal rights under section 9 of HMA 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

Commit Suicide Is Not The Solution.. 

To make a written compliance before the women cell in the area.

Criminal complaint can be made before the respective Police Station, specially if there was demands for dowry.

Also, Compliant can be made under the Domestic Violence Act seeking right to maintenance, right to residence etc.

As far as remedy in civil law i.e. Divorce is concerned, law bars a petition for divorce within the first year of marriage unless exceptional circumstances are shown. Hence Divorce is a later remedy.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Your husband can file divorce on any grounds but before you should  file 498a and Domestic violence against him and against your in law. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1) You can file FIR against both husband and mother in law for asking money from you and this can be convert in as asking for dowry under 498a and dv act.

2) show whatsapp message asking for money from you and don't give divorce at any cost ask alimony or one time maintenance from him if he wants divorce from you.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. If you do not want to divorce him then let him file the petition for divorce and you can contest it fittingly. It is not a cakewalk to obtain a decree of divorce in India in contested proceedings as the petitioner has to prove his allegations.

2. You are free to adopt your remedies under the DV Act to seek maintenance and monetary compensation from him.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Client,

Divorce wont be grant so easliy if you contest, First of all without fail, file FIR against him for domestic violence and dowry demand. You can also claim maintenance and rent from him.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

You can lodge a criminal complaint against him and his mother for the offences of matrimonial cruelty, dowry demand, abuses, criminal intimidation, insults in the name of caste etc.

Besides you may file DV case seeking protection, residential rights, compensation for violent activities etc.

You can strongly contest his divorce case and get it dismissed.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

You can strongly object and contest his divorce case.

But be aware that you can't force him to live with you against his willingness.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

If you don't want to divorce him then you can file restitution of conjugal rights. If you want to divorce him you can file divorce with mutual consent. You can also file domestic voilence case against them.

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

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