Dear Querist
My opinion on your queries are as under:
What are my legal options?
Opinion: you have many legal option to take action against him, first of all file a domestic violence case against him before magistrate court under section 12 of Protection of women from Domestic violence Act-2005 and claim protection, right to residnec, maintenance and compensation as per section 18,19,20 & 22 of the act-2005.
Secondly, file a Matrimonial Case U/s 9 of Hindu marriage Act-1955 for Restitution of Conjugal Right before family court.
thirdly, you may file a maintenance petition U/s 125 of Cr.P.C for claiming maintenance from him and he is duty bound to pay maintenance to you as you are his legally wedded wife who is unable to maintain herself.
Should I leave the house?
Opinion: No, immediately file d.v. case and get restrain order.
Or continue to stay here?
Opinion: Continue to stay.
How should I safeguard myself from a refraining order filed him in future?
Opinion: D.V. Case is best option.
Can he file a refraining order against me before filing a divorce?
Opinion: No, he can not get any restraining order from the court until and unless the situation is otherwise.
Do I have sufficient grounds of contesting against divorce?
Opinion: It may be, but it will be decide after seeing the facts of the divorce petition filed by him before court.
Does he have sufficient grounds for contesting divorce?
Opinion: if there is any thing in the evidence/recording which come under the cruelty then yes, he has sufficient ground, but without hearing you the divorce can not be granted to him.
What are the chances of divorce being granted to him?
Opinion: Its depend on the petition and allegations, if he proved the allegations then it may be possible that he get the divorce but the court will give you chance to fight the case.
Can I make him pay for my daily expenses?
Opinion: Yes, Maintenance is your legal & social right and he is duty bound to pay you the maintenance.
Should I take a legal action first like RCR or wait till he takes a legal action?
Opinion: Immediately file the case like RCR and D.V. it will help you to get sympathy of the court.
Does him suffering from bipolar disorder has any legal angel for my defense?
Opinion: yes, it may be.
What can I do to have him back with me regardless it is here in this city or our native in his property with my mother in law?
Opinion: legally, only RCR is option, otherwise try to settled the matter amicably with him with the help of relatives and friends.
I don't have any problem now in staying with my mother in law, however I previously was asking him to separate mother in law from his property due to her nusiance, so we can move back there. Can he use my previous demand of this as a cause of divorce now?
Opinion: yes, it may be possible, because it is also cruelty and based on the cruelty he may file a divorce case against you U/s 13(1)(ia) of Hindu Marriage Act-1955.
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