Legal Question in Criminal Law in India
Respected lawyers,
The first hearing of DVA act is scheduled for next week. I am living with my parents for the last 1.6 years as my husband and in-laws r not ready to keep me in their house. My husband also filed a divorce petition last year..I filed a case in women cell. My husband is hell bent for a divorce but i do not want a divorce. I met the police ACP of women cell nanakpura last week and an FIR has been registered against my husband and in-laws. they said that they will call my husband and if he refuses to give bk my stridhan then a case will be filed and arrest warrants or court proceeding for bail will be initiated/issued.pls tell me if my husband refuses to live with me in DVA case then what action can court take against him...is there a fair chance that my in-laws and husband can be arrested.what maintenance can i get. I am earning 30k per month and he is earning 50k. I want a strict action against all of these people as my mother-inlaw has tortured me , wud not let me cohabit with my husband, did character assasination and wud demand dowry..please advise. i am very depressed..pls help. I have full faith in this site and i am sure you will answer all my questions.
4 Answers from Attorneys
In a proceeding under DVA, court can not order restitution of conjugal rights by an order. For this you need to approach a Family or Civil Court.
In view of your earnings, maintenance appears difficult, unless you make out a special case of standard of living etc.
in case your husband does not want to stay with you, no court can compel him for that. your complaint under DV act would help you seek orders of residence in the shared household of your husband. you can stay in that house with the help of court orders u and in case you want, the court would also pass restrain orders against the in laws to even enter the room or floor where you are staying. as your husband earns more than you and he is bound to maintain you as per his standard of living, still you may get some maintenance from the court considering the difference of earnings.
Rightly advised by Mr. Rajiv Gupta. He has covered all the aspects.
There is a case law also on the subject wherein Supreme Court has held that a husband has to provide maintenance to his wife as per the quality/standard of life she was accustomed to.
Besides the DV Act, you can seek restitution of conjugal rights relief through family court.
Mr.Rajiv and rmaswamy has rightly advised. Plz also expain what is the FIR u/s498 or else.
and if it is registered then your Sasu Maa will also go behind the bars if you proceed proeply.
If you want your husband to be lived with you then you can file a case under section 9 to get him back to you and DVA to live with him in the same house.
Advocate High court chandigarh.
M:098141100005
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