Legal Question in Family Law in India
In 2009-Jan, after 9yrs. of marriage my husband has suited a divorce case on the ground of cruelity, while i got two kids of 9yrs and 5+yrs from this marriage. He has no such reasons that can prove cruelity, he stated that I misbehaved with him and his parents, i treated them like servants and never did the duties of a d-in-law and a wife, i never cooked food for them, these kind of stupid reasons they realised after a long period of 9yrs, while they all are independent and i was totally depend on them. My f-in-law was with me but he is no more.I have decided that i will not give him divorce at any cost. Can my husband get divorce easily on the behalf of the said reasons which are totally fake?
Is there any case by which thier properties and my mother-in-law's house (my matrimonial house), from where they threw me out with my all assets and can be sealed by court orders, because i guess that they can run away from India. I had to start residing with my parents forcebly. They told me that i can never enter in my matrimonial house which is directly on the name of my m-in-law. pl suggest what can i do for my rights except mantainance as mantainance has been fixed by tis hazari court but my husband has denyed to pay? How can i get shelter for me and my kids?
On the behalf of this sitauation can my husband get divorce easily while they have no any sound reason of cruelity and as i am not ready to give him divorce at any cost.Pl show me the right and cleatr way to get him back.
1 Answer from Attorneys
(a) An advice from this Forum may not help you in getting your rights back. You may better engage a lawyer for pursuing your legal rights.
(b) You are entitled to the matrimonial home and may go back with your kids as and when you so desire. Your husband cannot throw you out of the house legally. If he does so, you may make a complaint to the local police.
(c) You are entitled to contest the divorce petition filed by your husband. You will need to file a reply to the petition giving factual position.
(d) You may also be entitled to damages and other financial benefits under Domestic Violence Act claiming support for yourself and your children.
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