Legal Question in Family Law in India

I am a Muslim woman from Chennai. Mine was a arranged marriage in 2012. I have two sons from my marriage. Since the start of my married life, my mother-in-law never liked me even before this alliance got fixed. After marriage she used to fight with me for petty issues. This continued for three years. She used to demand a flat on his son's name as dowry from my parents. My husband and In-laws used to beat me. Last year, on December 1st 2015, after my father-in-law beat me, I was thrown out of their home in my husband's absence. I didn't file for any police case because it was my elders advice. Then my brother's marriage got fixed and I waited for my dad's arrival from Saudi to do reconciliation between me and my husband but those talks failed. When we went for reconciliation and for inviting my husband and In-laws for my brother's marriage. my husband put false accusations on me and sent our relatives out of their home without listening to us. My brother's marriage happened. Neither of my In-laws nor husband came for the marriage. Due to my brother's marriage preparations, my parents never allowed me of file a dowry case / domestic violence case on them. After many talks failed, in March 2016, I went to a lawyer for legal advice in chennai. He told me that now I cannot file a dowry or DV case against my In-laws as already 4 months have passed by. He adviced me to send a legal notice for maintenance. I did as my lawyer said. But I didnt get any reply for that legal notice. I also didn't take any action after that. I remained silent as I don't earn. I didn't wanted to spend my parents money. Due to financial problems, I didn't file a maintenance case in high court. I thought to remain silent.
But today morning I received a notice from high court from my husband. He has filed directly in family Court for restitution of conjugal rights and the family Court has ordered me to come on 9th June 2016 for appearing before court along with evidences.
Now what can I do to reply the notice which he sent me for restitution of conjugal rights? Can I file a DV case and dowry harassment case on my husband and In-laws? What step should I take? Please advice me. I am in a dilemma. I don't know what to do now.
My lawyer is not helping me. When I told about my situation at morning that I recieved the notice, he is very cool telling me nothing can be done now. And that I have lost my case. And I cannot do anything now. And I cannot file for any dowry harassment or domestic violence case on my husband and In-laws now. He said that nothing can be done now. And I have already lost the case as my case is weak.
I need a opinion from you sir. I will be very thankful to you if you could give me some solid advice. What step should I take next!?
Can I file a dowry or domestic violence case now at woman's police station in chennai? Or what step shall I take next? Please advice me sir.
Thank you.

Asked on 5/06/16, 1:41 pm

0 users found helpful

0 attorneys agreed

1) RCR by husband before ur filing DV ad 498A will be ground to get AB.

Court cannot force either spouse to restitute thru RCR.

2) It does not mean u cannot now file the cases against him and not lost

ur case.

3) U hv to appear before the court in person thru an able experienced local

family law expert lawyer and place ur contentions.

4) Express ur readiness to continue ur matrimonial relations. Join and then record

all the conversations and evidences and file DV and 498A cases will be strong.

5) Number of able lawyers are available in Chennai. If u cannot afford approach

local Bar for pro-bono legal services provided ur income is less than 1 lac.

Answered on 5/06/16, 7:53 pm

Keywords

Match Any Match All

Country

State

Area of Law