Husband filed counter case for divorce - please guide me
Respected experts, my husband and inlaws has tortured me to the extend to leave my matrimonial home. after that i stayed in the same city (women's hostel) for 7 months waiting for them and i didn't inform to my parents about the situation. seeing no hope for improvement ( and threatened by my in-laws) i detailed all the matters to my father and he called me back to my home town. we are middle class family and some people has suggested us that complaining under 498a will trouble us only. so i filled a domestic violence case in jan 2016, after 5 months of that and after receiving two court notice my husband has filled a divorce case (counter case) on grounds of cruelty. the domestic violence case is on 5 person including my husband and even after 6 months of filling none of them had physically appeared before the h'onble court till june 2016. but the court has been strict and in july on date, my husband and mother-in-law has appeared physically. the opponent party lawyer is unnecessarily extending the dates in DV and pressurizing me to appear in the family court (husband's place). respected experts, at present i m jobless, i am not financial strong to fight two cases and to travel as the divorce case is in different city family court Raipur C.G.. i have filled domestic violence because i have no option left and my in-laws were not ready to talk, this was only for my rights and my self respect. they have taken my things, jewelry everything. now the situation is more worst than before. how should i get out from this now? please suggest me what move i should take now? i want my life to restart again. in this fight for dignity i am loosing everything, i have been made to believe that only power n money speaks. please help me and guide me. thanking you all.
Asked in Family Law from Bokaro Steel City, Jharkhand
You should move HC for transfer of divorce case to your city . I presume Raipur is in the same state
2) if it is not in same state you have to move SC for transfer of divorce case
3) file 498A case against husband and in laws for continuous acts of cruelty . You won't have to incur any expense in 498A case
4) in DV case request court to pass interim orders on maintenance , alternative accommodation
1. Why are you even travelling to appear in the court when you are not required to personally appear in the court? The appearance of your lawyer shall suffice as you are not the accused.
2. People try to delay the case at the stage of service by evading the summons but once the appearance on summons has been made the court will not award unlimited opportunities to the defendant to file his reply. Your lawyer can object to adjournments if the opposite parts seeks it.
3. If there is further delay in the disposal of the case then you may move the High Court to seek orders to expedite the disposal of the case.
4. You are also free to file a criminal complaint for recovery of stridhan under section 406 IPC.
You have file transfer petition before concerned high court seeking transfer of divorce case filed by your husband Raipur C.G., to your residential area's family court. The divorce will be transferred to your area's family court. The reason to be shown before high court shall include being a lady and health issues you can't travel to Raipur. Yon can also mention your financial position. You have to file 498-A IPC dowry case also against your husband and the persons who mated torture you. Result will come in Domestic Violence case you have to file maintenance petition claiming your monthly maintenance and court expenditure and there is a provision that interim maintenance and court expenses has to give.
If you want to live with him again then refer the matter before mediation and try to settled amicably, if not possible then file a transfer petition before Sc as he filed the divorce case in other state.
Feel free to call
Advocate, New Delhi
You can do nothing about the divorce case filed by him.
You have to challenge the case filed by him.
You can file a petition seeking interim maintenance under section 24 of HMA in the same divorce case.
You can file maintenance case under section 125 cr.p.c. against him from the court in your home town.
You can file a transfer petition seeking transfer of this divorce case to a court near your home town.
You can even loge a criminal complaint against him and his family member seeking action for cruelties meted out to you under the provisions of section 498a IPC and also for return of your stridhan articles under section 406 IPC
Talk to your lawyer and pursue all such cases