I married on 18 June 2017. Father-in-law initially told, he is against dowry but wished marriage to be done according to their standard. After both family agreed for the matrimonial alliance, Roka was done. After Roka, ladke-wale started demanding some Cash and jewellaries on several ceremonies giving reasons of their reputation. On the day of marriage, they demanded cash Rs 2 Lacs, saying that they will avail me of fridge, TV, washing machine and furniture from this cash. After a week of marriage, in my matrimonial home, my mother-in-law told me to cook food as per their scheduled time saying that they are Radha-Soami and followed a rigid time schedule for several tasks. I was forced to follow the same. I being a working woman could not follow such rigid schedules. Before marriage they didn't tell me about such their rigid schedules. Husband didn't cooperate me. He taunted me with mother-in-law on my way of cooking and household tasks. He got severely irritated when I attended phone calls of my siblings, friends or relatives. He demanded sex beyond a reasonable limit. His such untimely and prolonged sex desire did not let me cook food and do household tasks on the rigid time schedule of in-laws. After a month of marriage, my brother and relatives visited my matrimonial home to take me following a custom. My in-laws happily permitted me to go. After I came to my maternal home, the very next day my husband started coercing me for mutual divorce. I asked him why he wanted divorce. He said he thinks "ki hamari shadi aage tk chal nahi payegi, isliye divorce le lo". He further said " I want you to quit job and sit home and don't visit/call your friends, siblings and relatives. I said him I couldn't do so. He argued and intimidated me of divorce if I did not agree to do so. My brother talked to him and father-in-law to resolve the issue but they abused him a lot and blamed him of taking all my earnings into his account. They demanded us to do all what they wanted and if we could not satisfy them, then they intimidated me and my brother saying "Teri Behen ko ghar bitha dunga hamesha ke liye". Neither he came to take me nor he let me come in my matrimonial home giving certain reasons. He didn't call me nor attended my calls as if I had done some sin visiting and helping my parents. I was made to stay in my parent's home & served with divorce petition right after it got a year of marriage. In court I filed Written statement. In Ist hearing, judge remanded husband's lawyer (who is a Retd Judge) for filing nullity u/s 12 1(a) & Divorce on grounds of cruelty u/s 13 1(1a) both in same petition. In second hearing, Judge suggested me to divorce him.I too hurtfully said it's okay I want divorce. Judge referred to counselling. In counselling I didn't say anything. My lawyer forced me to say something in but I was sad and denied to say anything. I have not filed DV, Dowry harassment till date. I want now to contest. How long it may go.
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Hello,
it will take good 1-2 years if you contest the case. You may go ahead and now file DV and harassment case on the husband and in laws. Adhere to your WS and as counter ask for alimony.
It is however advised that you file criminal case to create pressure.
Regards
The contested Divorce case will take atleast 2 years to be disposed off.
If you want to continue your marriage, then filing of DV, dowry cases etc will further create more differences between you, your spouse and inlaws.
So, I would advise you to first make up your mind before taking any decision has to what you want now.
Your husband cannot get divorce grounds of cruelty without adducing evidence for the same, so their divorce is going to be dismissed in the end in all likelihood.
Against your consent and wish nobody can force you to give him divorce.
So contest the suit which would take many years to end.
If you have no source of income, you should file a case for maintenance under PWDV Act wherein you can claim one time damages as well.
Do not file dowry harassment case as it may ruin your marriage for good. The problem does not appear to be too serious and you can still try to salvage it by your personal effort.
See you can contest and prolong the divorce proceedings but there is no point in doing so as there is no criminal case filed by you for there such behaviour and cruelty against you it would be better to take mutual divorce and start your life afresh and demand alimony from them. Even you go contesting that would effect you too.
A contested divorce is more complicated and takes more time than a mutual consent divorce. It may be takes 2 to 3 years.
Refuse to agree for divorce by mutual consent
2) contested divorce proceedings take 5 years to be disposed of
3) you can file case of dowry harassment against your husband, in laws
4) also seek interim maintenance in divorce case filed by husband
1. file DV, maintenance
2. file restitution of conjugal rights (to continue the marital knot again or to prolong the litigation - the choice is yours)
3. contest the case, verbal admission in court is not binding and if it is recorded you can change your stand stating you want to save the matrimonial life and want to live with the husband. (whether you want to live or not - it's again your choice)
Dear Client,
Not allowing wife to visit her parents is cruelty and valid reason to claim various reliefs from court. His divorce petition will dismiss, contest it vehemently.
File cases of DV, maintenance, dowry demand etc. Let it go however longer, he will be the effected party.
Dear Madam,
Visiting parents home regularly is not a ground for divorce. You can file DV case against your husband and inlaws in Family court and lodge a 498A complaint in police station.
There are several enactments in favor of married women. You must show heat of the litigation to your husband and mother in law otherwise you cannot sustain in such unbearable atmosphere.
Husband Can’t Complain Of Wife’s Visits To Parents’ Home: Delhi HC [Read Judgment]
A wife is certainly entitled to visit her parents’ home and such a visit per se cannot be the reason for a husband to complain, the bench said. The Delhi High Court has refused to grant divorce to a man who complained of his wife’s frequent visits to her parental home. A wife is certainly entitled to visit her parents’ home and such a visit per se, cannot be the reason for a husband to complain, the bench of Justice Hima Kohli and Justice Deepa Sharma said.
The husband had approached the high court in appeal against family court order refusing his divorce plea. Of many grounds he urged in his attempt to prove cruelty, one was that ‘the frequent visits of his wife to her parental home without intimating him and his family members has caused him mental pain and anguish’. Another contention was that due to a tense and vitiated atmosphere created by the wife, his father had suffered a heart attack within three months of his marriage and an angiography had to be done on him. “These conditions take a long time before they manifest,” the bench said rejecting the said ground as well.
He also alleged that his wife never respected his family members and she extended threats to them, used filthy and abusive language and had threatened him of dire consequences and that she is lady of quarrelsome nature who neglected their child and did not allow the appellant to play with him and failed to perform her domestic duties like cooking food, cleaning of house, washing clothes etc. “The very nature of pleas noted above are devoid of any specific act of cruelty,” the bench said brushing aside the allegations.
Since the situation is intolerable and it will not be possible to continue the marriage you may better decide to dissolve your marriage by a decree of divorce.
You dont have to hesitate to file a DV case against him and his relatives.
You can also file a 498a case and dowry demand and harassment cae agaisnt him and his parents for all the atrocious and cruelties meted out to you.
Do you still believe all his dramas that he may play with you for the fear of dowry and DV cases.
You may discuss with your advocate at length and decide.
Husband has resigned from his job a month ago and filed for maintainance and expenses of proceedings from me. He has also filed for my medical examination to prove my fitness for consummation ( sexual intercourse). What should I do. Please suggest.
He cannot claim any maintenance amount from you as he had left his job willingly and the provisions of maintenance are for people who cannot maintain themselves from there own income owing to the fact that they are not qualified enough to do the same. A person cannot sit idle and then claim maintenance from the court just to harass the opposite party.
You should contest the case of maintenance filed by him and get it dismissed. Also, you cannot be made to undergo medical examination against your will, as it violates your fundamental right of privacy which is guaranteed under the constitution of India.
See you can contest the maintenance application that he has voluntarily left the job and further for medical examination you can agree so the case can be contested.
husband must pay the maintenance to the wife according to hindu marriage act even if he jobless.
The said application will be rejected. You can obkect you the same. It's his duty to maintain you. If you need any detailed assistance you can contact me through kaanoon
Oppose the same.
get in touch with an advocate and share the entire documents with him for a more concrete advise
Court would consider fact that husband has worked in past
court would consider his last 3 years income to determine maintenance
If he has resigned out of his on visitation then he is not entitled to maintenance.
You may refuse to submit yourself to the medical examination unless he ahs asked for. You are not bound to produce any medical document wither unless he has established in court that you are unfit for consummation of marriage.
Husband seeking maintenance from the wife can be treated only as exceptional case as normally he has got the liability or obligation to maintain the wife and vice versa is only exceptional. Husband not making any attempt to earn money though capable of getting private job cannot claim maintenance from the wife.
Any problem in consummation or you do not allow him by your choice.
I resided in my matrimonial home with husband for 41 days only. I am working woman. I was pressurised to do all the homely tasks manually within a time dead-line citing their being Radha Soami's, i had to follow their rigid rules. Maids were made on leave. I was not allowed to enter kitchen if got late, or use electronic appliances for domestic tasks. I got too tired after this. Husband never cooperated me. He burst out on me when I attended call of my family members. He mentally abused me. At night I was too tired for consummation. I resisted initially as I am from a conservative family where there is not too much openness about sex. But later I cooperated. I resisted him when he lied to me and shifted blame of his carelessness and laziness towards me, when father-in-law had given us a certain task to do. He had filed for nullity of marriage u/s 12 1(a). He said the honourable court that he wanted to know whether I was a female or a transgender in first hearing. Now he has filed for medical examination to prove my fitness for consummation. Husband's advocate is a retired judge and well connected. As a woman what are my rights. May court order me for medical examination as I have denied husband's allegation of non-consummation. In open court he termed me a transgender. Please suggest what are my rights and what can I do.
The statements made by a husband in open court whether you are a girl or transgender are defamatory in nature for which criminal and civil defamation can be filed against him.
In Civil Law, defamation falls under the Law of Torts, which imposes punishment in the form of damages awarded to the claimant (person filing the claim). Under Criminal Law, Defamation is bailable, non-congnizable and compoundable offence. Therefore, the police cannot start investigation of defamation without a warrant from a magistrate (an FIR cannot be filed). The accused also has a right to seek bail.
Also, the court cannot order medical examination without your consent as it violates the fundamental right of privacy which has been guaranteed under the constitution of India. You can give your consent for medical examination only if you are fully comfortable with it. No person can coerce you for the same.
You should agree for medical examination
2) since marriage has been duly consummated you have nothing to fear
As advised you can file aforesaid cases against him.
You can file a counter to his petition seeking maintenance denying his claim stating that he has done it intentionally just to claim maintenance from you and to torture and trouble you to put pressure on you.
You can state in the counter that he cannot resign the job and sit idle at home for the purpose of claiming maintenance from you hence his maintenance petition may be dismissed.
His application for medical examination may be entertained by you provided the medical examination be done at his cost and that too by a government medical examiner or by a private reputed medical examiner of your choice.
As far as medical examination, you dont refuse to undergo one, you may give your choice of the medical examiner as suggested in the previous post and agree only if the same is accepted to by them or you may leave the court to decide about it.
Dont worry about the retired judge appearing as their lawyer, you can have faith in your lawyer also.
See you can contest the case you can agree for medical examination so that you can rebut all his allegations. And further for falsely alleging you can file a defamation case against him.
Also you can file complaint against husband for mental harassment and cruelty.
IF you are not than should have refuted sternly such allegations. and permit your self for medical, when report will come, petition will dismissed.
You also file complain of dowry demand and domestic violence.
Hello,
File a case of harassment against him and his family members.
Also, dispute the case in the court and as and when his allegations are found to be wrong file a ccase of defamation on him.
Regards
I am earning higher than husband. I am a government servant in a hospital. He was earning 20,000. But in march, he has voluntarily resigned his job giving reason that because of depression he is unable to work. In his petition he has stated that under the compulsion of his manager, he has submitted his resignation. He has filed for maintenance pendente lite monthly and expenses of proceeding. It is he who has filed for divorce. Will I have to give him maintenance and monthly expenses of proceedings.
No. You would not have to give him any maintenance, due to the abovementioned reasons.
No. Husband sitting idle cannot claim maintainance , only in exceptional circumstances where husband after making full efforts unable to earn, in such situation only maintainance can be grant.
In your counter to his petition seeking maintenance you may clearly state that he cannot sit idle by resigning his job for the purpose of claiming maintenance from you.
You can mention all those things which have happened in between and also that he only filed divorce case against you.
You can seek to dismiss his petition on merits.
See in case he is not able to maintain himself he can seek maintenance from you. Though same can be contested on account that he voluntarily not willing to work.
You will not have to pay husband maintenance as he has worked in past and deliberately left job to claim maintenance
No in rare cases it is awarded for husbands. He will not be given maintenance. On the contrary you can demand the same in domestic violence proceedings and 125 crpc case
According to section 24 of the Hindu Marriage Act, a family court can order the husband or the wife to pay the maintenance and litigation expenses during the coarse of the divorce proceedings if either of them has no independent income.
If he has filed the case then you will not have to give,
Share the application through which he has asked for monthly expenses of proceedings.
Regards