I was married to muradnagar u.p on 25 nov 2013 , and after my delivery(given birth to a girl)on 1 oct 2014 at my parent's home in delhi,my husband refuses to get me back to my matrimonial home but on 25 april 2015 when i reach with my baby to enter my inlaw's house they don't open up the gates and starts alligation that i am mental on the basis of the the fact that i got psycatric treatment in april 2012 due to dipression caused by sudden illness of my father which i told to my husband in oct 2014 during my pregnancy when he stayed with me for two months at my parent's home during and after my pragnency during love talk,after 2 hour stay outside the gate i logged a police complaint that my inlaw's not letting me enter in house and threating me to give divorce but i had taken back my aplication in fear of broken relation and came back to my parent house in delhi. My huaband visited the hospital and get the record of priscrption of my treatment of 2012,now he is threating me to give divorce on that basis but i don't want to get divorce i love my husband and my family.Many times my elders try to talk to my in law's after 25 april 15 during panchayat and seprate discussution but now they want to give money and want to disolve our relationship outside the court also my father in law thretened that he had already debared my husband from his property due to fear of court case.one of my sister in law with her son living there from last 14yrs being in divorce case with her husband,she always forces my husband to quarrel with me making ground for dowery when i was at my matrmonial house before delivery.whatever be my personal things and other marriage things like furniture jewellary, vehicle are with in my matrimonial home,i didn't bring anything to my parent home.please give me best possible legal advice.
1) file 498A case against your husband and in laws before local police station for retrun of your streedhan and for cruelty meted out to you
2) file domestic violence case before magistrate court and seek right to stay in matrimonial home or laternative accommodation
3) seek maintenance for your self and your daughter
4) if your husband files for divorce oppose his petition for divorce
5) merely because you had in past undergone treatment for depression is no grounds for divorce
1. The incidents are really unfortunate and this should be resolved mutually. Taking recourse of law further worsen the relations.
2. Since you want this marriage to survive you should involve the family elders to have discussion and sort out the differences.
3. If your in laws do not agree then you have to take resort to laws.
4. Then file a case u/s 498A, 406 IPC. File case under PWDV Act for maintenance of you and the child.
If a relationship fails we owe it to ourselves to find out exactly why it failed. you want to save your life from divorce do nothing to harm or injure your mate. Try for amicable talks and discussion with nearest family members . When times are good, be happy; but when times are bad, consider; God has made the one as well as the other.Marriage is not about one single person's needs. It's about both partners trying to meet each others' needs. And to top it off, if you need the relationship that badly, you're likely willing to bend over backwards to save it. And you may have to. But that's not fair to you. And that's not a healthy relationship.
In a legal point of View
You can file petition for restitution of conjugal rights .
The person seeking restitution must establish that:
a) The other spouse has withdrawn from his or her society;
b) Such withdrawal is without reasonable excuse;
c) There is no legal ground disentitling the petitioner from the relief of restitution of
conjugal rights.
The burden of proof lies on the person who has withdrawn from the society of his/her
spouse to prove that he/she had reasonable cause to withdraw from the society of his/her
spouse. The decree of restitution of conjugal rights will be executed as per the Civil Procedure
Code
Dear Querist
First if all try to settled the matter amicably with them to save this marriage and secure the future of baby girl.
But if settlement is not possible the immediately file a complaint before criminal court against them under section 12 of domestic violence act read with section 18/19/20/21/22&23 and claim protection, right to residence, monetary relief,child custody, and compensation.
File a maintenance case under section 125 of Cr.P.C. against your husband and claim maintenance for yourself and for the baby.
You can file a complaint against them before police regarding dowry demand and cruelty under section 498a/406 of IPC.
Hi, without your consent he Will not able to get divorce, so your consent is very much required.
2.He may make an allegation of mental disorder but it is difficult to prove the Same before the court.
1. If you do not want to end your marriage you may contest the divorce proceedings as and when your husband initiates it. The court may order mediation to reconcile your differences and save your marriage.
2. The relationship cannot be dissolved outside court.
3. If you wish to enter your matrimonial home you may file a case for domestic violence to claim the right to reside in it.
4. You can also claim maintenance for yourself and your child.
Hello,
1) You can file a petition for Restitution of Conjugal Rights whereby the court will order your husband to take you back to the matrimonial home and resume the marriage.
2) Your being treated for depression is not sufficient reason or prove insanity where marriage cannot continue and he will not succeed in getting a divorce on that ground if he approaches the court.
3) If he files for divorce contest it and ask for maintenance for yourself and the child.Demand all the stidhan back forthwith if he files for divorce.
If you don't want divorce then you may approach court for injunction asking the court to direct your in-laws to allow you to stay at your matrimonial home. You may also file maintenance case against your husband to pay monthly maintenance to you and to your daughter.
Regds,
Adv. Payal
Dear Sir/madam, My husband is jobless and only earning is my father in law pension around 16000/- should i get maintainance in my case.
1) even if your husband is jobless he is bound d to maintain you and your daughter
2) since he is physically fir he can work and pay you maintenance
1. You have made a blunder in withdrawing your police complaint fearing the relation to break when it has already broken,
2. Report te matter to the women's cell and go to your inlaw's house again and if your entry is refused file police complaint immediately duly alleging dowry harassment,
3. After that file a Writ Petition against police inaction,
4. File a DV case and claim maintenance for you and your child.
1. As per last order passed by the apex Court, your husband shall have to pay for your maintenance either by begging or by borrowing if he is not earning,
2. File those complaints and cases without wasting any further time,
3. After that negotiate for MCD against receiving adequate amount of compensation.
It becomes the duty of your husband to maintain you and the child, he cannot refuse being a Hindu and married under Hindu Marriage Act.
You can very well file a maintenance case under section 125 cr.p.c. against him but not against his father.
You can file a domestic violence case seeking residential rights and protection for you and your child and also maintenance in this case too.
you can lodge a police case against your husband and his parents including his sister for acts of cruelty and dowry harassment.
You can file a case for restitution of conjugal rights under section 9 of HM Act too for rejoining him.
A husband has to take care of his wife somehow or other even if he is jobless,A strong and healthy man is expected to work to maintain himself and his dependents. He has to maintain his wife who is incapable of maintaining herself. Somehow or other husband should maintain.
You can get maintenance from your husband even if he is not earning. Under no circumstances you can enforce the right to maintenance against your father-in-law.
Then it's difficult since your husband is not working. He has a good reason to defend himself. What is his qualification? Is he physically and mentally normal/ sound? Has he made any investments in past? You have any proofs?
Regds,
Payal
Yes, you can get maintenance as unemployment is no excuse to avoid maintenance. A person once married is bound to provide maintenance to his wife irrespective of his unemployment,
you may get the maintenance even your husband is jobless as per the Minimum Wages act of the state he is bound to maintain you until and unless you will be able to maintain yourself.
Hi, it is the duty of the Husband to maintain his wife so he has to pay the maintenance whether he has doing the job or not.