Legal Question in Family Law in India
1)I had a love marriage after a courtship of 2 yrs with my colleague from the bank I was working. My marriage was held in year 2004 in a farm house in New Delhi. My husband had taken a sum of Rs 1.25 lac from me in cash ( I had withdrawn from my account through a self cheque ) before marriage to spend on marriage expenses like jewellery etc.
2) My mother - in - law was totally against the marriage as I was manglik and 2 year elder to boy. The life immediately after marriage was not good as my MIL was unhappy on certain customs by my family as it was intercaste marraige but still we had done the marriage acc to their wishes like giving them clothes two times for their relatives, we gave gold ornaments to my in-laws in marriage etc and many more things
3) My MIL was not at all happy from the very beginning. She started taunting and created ruckus in home immediately after one month of marriage . After few months of marriage she started fighting over household work , I being a bank professional in a private bank had to give lot of time to bank but she used to fight that I should come back from office and cook in kitchen. She did not let me keep a maid also.
4) She was unhappy with the gifts given by my parents like TV, AC, Bed , Car etc and told my husband that we have got very less gifts. She would not let me live peacefully in matrimonial house , the atmosphere created by her was very bad . When I got pregnant , seeing the situation in home i got it aborted with my husbands consent as I did not want to bring a new life in bad atmosphere.
5) After six months of marriage i fell ill and later came to know I have TB in lymphnodes. I started my treatment and was on leave for 3 months but during that time also I cooked food thrice in kitchen.
6)The constant fights by my MIL made me depressed day by day. I started regretting my decision for marriage . After 3 month leave I joined back office but things did not improve at matrimonial home. One day in april 2005 after big fight in morning I went to office and got so scared of my in laws , I went back to my parents home directly from office.
7) I had kept the jewellery got from my parents and inlaws in my locker but left daily use 2 bangles , ring etc in my drawer. My husband tried to convince me to come back but I was too scared of the treatment meted out to me. I had even left all my clothes , belongings etc at my matrimonial home . Not a single thing was with me when i reached my parents home.
8) My husband tried to convince me to come back for 6 months then cut off all ties with me. No body took any steps from my in laws . But my parents wanted a reconciliation so did not file any case in court whether of 498 A or domestic violence.
9) As my parents wanted reconciliation , my parents took me to my matrimonial home in January 2006 but my husband and FIL did not let me enter the matrimonial house.
10) I started from to my office from my parents home . Then in 2007 , my husband filed for divorce against me stating that i caused him mental cruelty by deserting him, doing abortion without his consent and having got TB before marriage and hiding this fact from him.
11) I did not file even for maintenance from my husband. I left my job in 2006 and was unemployed for almost one yr. I got a new job in nov 2007 but left it in jan 2009 due to personal reasons.
12) I was unemployed since jan 2009 . Two months back I asked my husband to settle the matter out of court and pay me the money spent by my parents on my marriage. But they said that they will not give a single penny to me.
13) Then in June 2010, I filed for maintenance under HMA for Rs 40000 as my husband is earning more than one lac.The next court date is 15 sep 2010 where judge has asked my husband to provide latest salary slip and 3 yr ITR . I too have to give my 3 yr ITR.
Kindly guide me :
Should I file 498 A and domestic violence case after 6.5 yrs of marriage?
How can i enter into matrimonial home or get accommodation from my husband?
How can I recover streedhan left by me in matrimonial home?
How can I recover my 1.25 lac paid to him before marriage with interest?
Can I recover maintenance from him since Apr 2005?
2 Answers from Attorneys
you can seek all these reliefs mentioned above by filing a complaint under domestic violence act. you may pray for right to residence, maintenance and compensation.
Yes you can file for all the above. But here to be very frank regarding your maintanance you will be entitled for from the date of application. But for the rest you can claim it as your right.
FOR FURTHER DISCUSSIONS IF ANY YOU CAN CONTACT ON 9415109404 OR ON [email protected]
DEVANSH BHARDWAJ
ADVOCATE
LUCKNOW
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