1. Bearing of no child even after several years from the date of marriage is no ground for divorce. SO your husband can not get divorce on this ground alone.

2. Since he is apprently indulging in tortures and violence upon you making it evident that you break this marriage, do not fall in this trap.

3. On the contrary file a case under section 498A IPC to face him the rigours of law.

3. Then file a case under PWDV Act seeking monthly maintenance and rent as well. Do not sit idle and take help of law as advised.

1) refuse to leave your rented accommodation 

2) fine DV case against your husband seek protection order, alternative accommodation, maintenance and compensation for mental torture undergone by you 

File DV case against your husband seek alternative accommodation from husband and other reliefs mentioned herein above 

Why can't you explain him there are so many options to have child in the life. Kindly consult with doctor's.like test tube baby, surrogate mother , adoption of child etc.

You can fix family counselor meeting with your husband and decided what to perform further in the life.

It is very easy to trap him but your homework should be perfect, there should be no loopholes, when someone is mentally torturing you, first go the govt hospital, tell the doctor you are being abused by husband and MIL, daily, for which you are having depression, mental trauma, headache, suicidal tendencies, get the medical report which will act as injury report for you in your case, then file general diary via speed post and file domestic violence case for a little bit of maintenance and attach the rented accomodation in the case and seek for residence orders on an ad interim basis.

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.

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.

- Do have the counselling session for your husband and try to find out the actual roots of problem.

- Besides, if you wish for legal battle then DV Act can help you to safeguard from the situation. For this you are advised to have evidence in place like recording of I'll treatment, abusing etc.

- For further assistance sharing the mail communication, feel free to connect.

Regards

Vivek Arya

1.  In this scenario you may file DV case to seek alternate accommodation at the expense of your husband and also maintenance for yourself under Section 12 of DV Act.

2. If he files divorce petition then you can contest it fittingly.

Dear Client, 

You may claim maintenance from your husband. In some cases, wife  may demand maintenance even after divorce. You may claim your rent, medical and other expenses in the form of maintenance. Your husband has to pay maintenance to whether you are working or not. Not bearing child can be a ground for divorce. 

You as a wife have all the right to live with your husband wherever he lives and need not to leave the house incase he is insisting to do so you can call the police and file FIR under Section 498 a of Indian panel court and also you can call police and file case under Domestic Violence Act if you do not want to go for the Divorce by only his wish that  will not be granted there are a lot of things that he has to prove in the court not having the child is not an issue in case he  believed to have a child both of you can adopt a child from the orphanage there are lot of children available to be adopted they will get the parent and you will get the child so be sure that until and unless you are sure that you need a divorce you cannot get  and if he is not treating you well the law is by your side and he should be given befitting reply you have to make your mind what exactly you want and plan your action accordingly without fear against his adamant behaviour.

See.you can file a case of domestic violence can seek maintenance and compensation along with right of residence in the matrimonial home.

Further see if he is not going to give you financial support and you don't want divorce don't agree for mutual divorce.

See you file for domestic violence and seek right of residence also seek maintenance from husband.

You can go by your option.

Do not leave the house.

In case if you are not in a position to handle his pressures, you can file application under Domestic Violence Act (DV Act)

Have record of your contribution.  You can seek for protection order, residence order, monetary order and / or compensation orders against your husband.

- No child out of wedlock is not a ground for getting divorce legally. Hence , your husband cannot get divorce on this ground . 

- Since you become a victim in the hands of your husband & his other family members, hence law is with you.

- Firstly, you should lodge your complaint with the police & CWC , against him and his family members .

- If they will not come forward for a reconcilatioin before the CWC, then the official of CWC will lodge an FIR against him and his family members under section 498a .

- You can also file a petition under the Domestic voilence Act as well , and also can ask for your maintenance  and residence as well.

- It is not necessary , that your cases will result into divorce against your will. During the case you can settle the matter amicably, and thereafter your husband will start to give respect to you. 

Let him file divorce you object the same. You can file domestic violence and 125 crpc for maintenance from him if required. If he files divorce you can also file RCR petition in family court

Hi,it is advisable to seek residence rights by filing the complaint of domestic violence..Also you can seek monthly allowance/ maintenance from your husband by filing a petition under section 125 crpc ..

There is no provision of law which can force any spouse to stay together. So, nothing can be done legally to stop your husband from leaving the house and it goes both ways. He also cannot ask you to leave the house.

If your husband and mother in law are mentally torturing you, you can initiate a complaint under DV Act, wherein you can seek maintenance and residence rights from the court.

Since you do not want a divorce and want to continue your relationship with your husband, I would advise you to ask your husband to go to couples counseling  to iron out the differences.

The options before you is to not to leave the house which is matrimonial house, if he or his mother are trying to forcibly throw you out of the house, then you can take the help of police on this and lodge a complaint against them for all the cruel acts they have committed on you.

You may also file a DV case seeking protection, residence, maintenance and compensation for their acts of humiliation and aggression.

You dont accept their demand for divorce, if at all he files on on the contested grounds, you can challenge the same strongly in the court of law on the basis of the merits in your side.

If the rental agreement is on his name, then you do not leave the rented accommodation, even if he terminates the rental agreement, you dont leave the premises, let the owner take an eviction action against you in the court, you can challenge the same by informing the court that your husband intentionally abandoned you without providing an accommodation while terminating the rental agreement, hence you will vacate the premises immediately when your husband provides you an alternate accommodation of the same standard.

You have rights for residence which he cannot just like that ignore.

He is bound to take care and provide you shelter as per law being your legally wedded husband.

You can exercise your rights and file before the court for reliefs like residence, compensation etc from your husband and in-laws. Consult a lawyer, he/she will help you in filing relevant applications for you in court.

you can file domestic violence complaint against husband. 

it is difficult to advice here as i can advice to initiate legal proceedings against him but that will take you to the route of divorce. but this is the only alternative you have at present. initiate legal proceedings for maintenance. try kid from IVF. 

If they are torturing you then you should file suit for domestic violence against your husband and mother in-law and claim right to residence, maintenance and compensation from your husband. In this case magistrate will also order for appointment of protection officer for you.