Legal Question in Criminal Law in India
sir,i've filed a case against my in-laws and husband under 498a and 406.What'll bethe procedureafter filing in the court and caw and how long the proceddings will take to begin like summons etc.Also my hubby has been threatning me by forging emails from my account by putting allegations against me withanother married man who unfortunately is been dragged into this mess for no fault of his.My husbandhimself is involved witha female adn has got methreatned by her once or twice,unfortunately he had been playinf quiet safe in this matter and i don't ve any proof against him in this regard of whaich he's taking an advantage ..he'srestoringto mental haressment so that i take the step of giving him divorce without going through any legalities,sir i am not intrested ingiving him divorce as we've a 7yrold daughterand also kindly guide me if i can take out money from our joint accounts till he don't start giving me the maintainence.....pls guide me
2 Answers from Attorneys
in case you do not want to divorce him and want to stay with him, you may file a complaint under domestic violence act and seek residence orders for yourself and your daughter. you can also seek maintenance orders from the court. till the time u not divorce, everything joint belongs to both of you.
(a) You are at liberty to withdraw funds from joint account and keep the same in your personal account - for yourself as also for your daughter.
(b) You may institute criminal proceedings against your husband under D.V.A. You may also file a criminal complaint against the woman concerned. It may be for the police to collect necessary evidence / proof in support of your allegations, if you could substantitate the same in any manner.
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