You can contest the divorce proceedings filed by your husband
2) contested divorce proceedings take more than 5 years to be disposed of
3) you can seek interim maintenance from husband
4) also file petition for RCR under section 9 of HMA
Hi, I am a 29 year old married girl for 4.7 years. I have a 3 year old daughter. I feel my in laws and my husband are planning to file a divorce case against me because my in laws wanted a grand son instead of grand daughter from me as well as my husband had an extra marital affair from a long time and because of that we don't have a good relationship. Now the situation is, the family home we used to live in was on my husband name and he secretly transferred on his mother's name without my consent on june 2018. In order to throw me out of house, my in laws gave a false case against me in SDM senior citizens court to make me leave house legally on September 2018 just after 3 months of house transfer on their name. They have shown situation like they are throwing me n my husband out of house but my husband is involved in planning. Some how my husband emotionally made fool out of me and convinced me to leave house and start living on a rental house. I have already signed in police verification that i live on rental property not in family house anymore. Once all this was done, my husband started showing real colors. He is mentally pressuring me to leave house and go to my parents house now. Not even giving money for my daily needs and my daughter needs. He is saying that he will take divorce from me very soon. I am quite tensed and scared as of now. What all actions can i take to avoid the divorce and claim maintenance from my husband. Is there a way i can file case of 420 on my husband n in laws that they all are conspiring against me by transferring all property so that i can't claim any alimony against my husband. Please suggest me all steps i can take to avoid divorce or at least claim maximum alimony n maintenance from my husband. I am non working wife. I have never done any job. Fully dependant on my husband
You can contest the divorce proceedings filed by your husband
2) contested divorce proceedings take more than 5 years to be disposed of
3) you can seek interim maintenance from husband
4) also file petition for RCR under section 9 of HMA
You can file adultery and maintenance, alimony case against him under section 125 CrPC.
Dear Madam,
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. You can file Domestic Violence case.
and file Domestic Violence case seeking following reliefs:
PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
But my husband is showing that he doesn't have any income source apart from 30-40k he earns as salary from family business which is on his mother's name. Rest everything he has transferred back on his father's or mother's name. All rental income from village property (lal dora) property is taken by in laws. But initially my husband used to collect.
When you apply for maintenance and husband takes plea his income is only 30 K a month then file application calling upon husband to produce his last 3 years income tax returns, his bank statements, list of investments etc
You can mention the income under HUF act and can ask husband share from that share of husband court can pass order of maintenance and alimony. You need to prove that your husband works for family business.
Dear Madam,
You will get following benefits:
- As per law, it is the duty of your husband to arrange food, shelter and day to day maintenance of his wife and kids.
- If, he is not arranging the same , then legally , you have right to recover the same and to punish for the same as well.
- Since, they are planning to throw you from matrimonial home and further diminish your name from his life after filing a case of Divorce , then you should take legal actions against them.
- You can ask for your shelter /residence right as well as medical expenses etc after filing a petition under the provisions of Domestice Volience Act. You should file this case against all those persons , who are trying to make your life as hell.
- Further you can ask for your & daughters maintenance under section 125 CrPc as per your standard of living . Here you will get interim maintenance amount on just second date of your filing , and will also get ligitation cost , till the date of finilazation of the case.
- Out of above, you should approach CWC cell /police station for lodging a crminal case against all the persons under section 498 A.
- In , all the above cases , you should mention that you are non working woman , against his character, dowry demand , and further must mention that your husband has voluntarily transfered the said property to his mother
You can file domestic violence and maintenance cases under 125 crpc against your husband and inlaws. If you can prove that they have cheated you or criminal conspiracy is done against you then you can also file the said offences against them
Your husband is working or not doesn't matter, as he is well bodied person hence he has to fulfill his responsibility towards his wife and child. Definitely you will get maintenance. You can file 2 cases for maintenance where you would get residence order and also protection order.
File a complaint under Domestic Violence Act against your husband and ilaws.
Seek maintennace from your husband.
If he not living with you, file a petition seeking restitution of conjugal rights.
All these conducts shall be consider by court and will dealt by court severely. Just to fail demand of maintenance, husband acted mischievous.
And non earning status of husband dose not effect maintenance right. On the contrary, all these acts are supportive to your case. Court will definitely grant you good % of alimony.
You should file an FIR against your husband under section 498A IPC and dowry prohibition act.
Then you should also file DV case against your husband In court of Faridabad or you can first move to your parents place and then lodge FIR and file case there.
You should also file maintenance case against your husband for your daughter and you in family court.
You can file various cases against your husband and his parents.
First you can lodge a criminal complaint against your husband and his parents for demanding dowry and have been harassing you and torturing you for not begetting a male child.
All these come under acts of cruelties.
Then you can file a domestic violence case against your husband and his extended relatives seeking protection, residence, monthly maintenance, compensation for their acts of cruelties, return of your articles etc.
Then you can file a c maintenance case under section 125 cr.p.c. seeking monthly maintenance for you and your child.
All these cases you can file sitting at your rented house also.
You dont leave the house at any cost, he cannot throw you out of that house for any reason, you can take the help of police in case he is trying to forcibly vacate you.
You can object and challenge his divorce case properly if he is filing one against you.
Let him show anything before court, you collect the evidences against him and make a a claim for maintenance.
Dont worry about what he does to defend himself, you concentrate on your case and claims alone.
You can produce the documentary evidences before court on this and sail smoothly in your cases against him, he will budge to pressure through various cases filed against him.
1. If divorce petition is filed then you can contest it. Unless he is able to prove his allegations the court will not dissolve the marriage.
2. You may also file a DV case under Section 12 of DV Act to seek right to reside in the shared household of your husband and also alternate accommodation at his expenditure apart from claiming maintenance. The transfer of house can also be challenged by you under DV Act on the ground that it is a sham transfer designed to defeat your right to residence.
1. If divorce petition is filed then you can contest it. Unless he is able to prove his allegations the court will not dissolve the marriage.
2. You may also file a DV case under Section 12 of DV Act to seek right to reside in the shared household of your husband and also alternate accommodation at his expenditure apart from claiming maintenance. The transfer of house can also be challenged by you under DV Act on the ground that it is a sham transfer designed to defeat your right to residence.