• Divorce from husband

I did marriage before 2 years. But after 1 year due to lots of problems with husband and his family I left his home and camr back to my maternal home. And also I deliver a baby boy. In this 1 year neither his family nor my family contacted each other. I thought for the baby he will come to take me home. But he said that he need divorce. So my question is: can I file dv and 394a against him and his family?
But I dnt hv any proof of that.
Asked 2 years ago in Family Law from New Delhi, Delhi
Religion: Hindu
you can file D V act & 498 a cases & also claim maintenance for you & your children. for legal help you may call
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
yes you can file complaint under  DVAct and complaint to women cell of your area under 498a/406 IPC and also maintenence under 125 of crpc,for proper advice take services of good advocate
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
If you and your husband are into a positive agreement to end the marriage then both of you may jointly apply for divorce to court. On the contrary, if you are not willing to accede to his demand for divorce, you may contest the case of divorce as and when he files it. 

If you are a victim of domestic violence and dowry harassment then you may file the complaint and prosecute him. Your case will not stand in court if there is no inculpatory evidence against your husband. 

You may though sue him for maintenance of yourself and your child.
Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
5.0 on 5.0
while there are legal options for you as advised by Ld. Panelists, yet don't act in haste. Perhaps your husband is angry that you left home in a bad mood. From your question it appears also that you are willing to live with your husband. Any complaint against your husband and his family may aggravate the matter beyond rapprochement. Do make efforts yourself and through wiser relatives to reconcile.
H. S. Thukral
Advocate, New Delhi
520 Answers
125 Consultations
5.0 on 5.0
instead of filing DV ./ 498A case file RCR case . since you dont want divorce and want to save your marriage that is best option . you can also claim maintenance from your husband for your self and child . you can refuse to give him divorce . contested divorce cases take years to be disposed of
Ajay Sethi
Advocate, Mumbai
23377 Answers
1226 Consultations
5.0 on 5.0
well after filing for divorce case you have filed 498A case / DV it would be an after thought . you can in divorce case make application for maintenance and seek other reliefs . file fro RCR ie restitution of conjugal rights  since you dont want divorce
Ajay Sethi
Advocate, Mumbai
23377 Answers
1226 Consultations
5.0 on 5.0
are you interested in living with your husband,if not in that case you can take the defence that you were giving time to your husband to come on track ,which finally failed and you were left with no option but to file a complaint against your husband
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Dear Querist
if there is any demand of dowry or cruelty due to dowry demand then only you can file the case u/s 498A of IPC otherwise not legally.
if there is any domestic violence with you by your husband or his family and his family members then you can file a domestic violence case against them before court u/s 12 of Domestic Violence Act, 2005.
apart from this you can file a maintenance case for yourself and for your child, but if you are working and earning then you can not get any maintenance from your husband only the child is entitled to get the maintenance form him and you too.
Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Your ought to have filed DV and dowry harassment before your husband filed for divorce. Now that he has filed for divorce you may file Restitution of Conjugal Rights (RCR) if you want to save your marriage. This would be the right approach.
Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
5.0 on 5.0

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