• Fight against planning of divorce

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
Asked 6 years ago in Family Law
Religion: Hindu

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16 Answers

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 

 

 

Ajay Sethi
Advocate, Mumbai
99882 Answers
8150 Consultations

You can file adultery and maintenance, alimony case against him under section 125 CrPC.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

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

  1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
  2. Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
  3. Pass orders u/s 18, in totality against Respondent1 to 3,
  4. Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
  5. Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
  6. Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition.
  7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
  8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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 

Ajay Sethi
Advocate, Mumbai
99882 Answers
8150 Consultations

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.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Madam,

You will get following benefits:

  1. Protection Orders: The court can pass a protection order to prevent the accused from aiding or committing an act of domestic violence, entering the workplace, school or other places frequented by the aggrieved person, establishing any kind of communication with her, alienating any assets used by both parties, causing violence to her relatives or doing any other act specified in the Protection order.
  2. Residence Orders: This order ensures that the aggrieved person is not dispossessed, her possessions not disturbed, the shared household is not alienated or disposed off, she is provided an alternative accommodation by the Respondent if she so requires, the Respondent is removed from the shared household and he and his relatives are barred from entering the area allotted to her. However, an order to remove oneself from the shared household cannot be passed against any woman.
  3. Monetary Relief: The Respondent can be made accountable for all expenses incurred and losses suffered by the aggrieved person and her child due to the infliction of domestic violence. Such relief may include loss of earnings, medical expenses, loss or damage to property, and payments towards maintenance of the aggrieved person and her children.
  4. Custody Orders: This order grants temporary custody of any child or children to the aggrieved person or any person making an application on her behalf. It may make arrangements for visit of such child or children by the Respondent or may disallow such visit if it is harmful to the interests of the child or children.
  5. Compensation Orders: The Respondent may be directed to pay compensation and damages for injuries caused to the aggrieved person as a result of the acts of domestic violence by the Respondent. Such injuries may also include mental torture and emotional distressed caused to her.
  6. Interim and Ex parte Orders: Such orders may be passed if it is deemed just and proper upon commission of an act of domestic violence or likelihood of such commission by the Respondent. Such orders are passed on the basis of an affidavit of the aggrieved person against the Respondent.

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

- 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  

 

Mohammed Shahzad
Advocate, Delhi
15830 Answers
242 Consultations

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

Prashant Nayak
Advocate, Mumbai
34594 Answers
249 Consultations

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.

Mohammed Mujeeb
Advocate, Hyderabad
19346 Answers
32 Consultations

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

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

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.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

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.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
90083 Answers
2502 Consultations

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.

T Kalaiselvan
Advocate, Vellore
90083 Answers
2502 Consultations

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.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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