Legal Question in Family Law in India
I am a 38 year old professional married for last 12 years. I have been through extremely difficult marriage with lot of abuse, threatening, mental agony etc
Since 2009, I am living separately from my husband who is not willing to give me a divorce. A domestic violence case and Dowry case is pending with court for hearing. He had filed Section 9. After a lot of discussion, we decided to give life a last try and decided to stay together from Jan'12. Section 9 was withdrawn with mutual consent. He has rented a house in joint name and I along with my son and mother shifted to the house. He was not staying with us but was paying for the rent and school fees etc. Things were normal for couple of months, but there after it becam worse with constant threatening, physical abuse, disturbance to work etc. Now I am in a desparate situation and need a divorce. The man is very unpredictible, shameless and manipulative. We agreed for a mutual consent agreement and he in front of lawyer backed out. Now I need to move out of the house on my own with my kid, live separately, and get a divocrce, without much legal perils. I also want a restraint order which will keep him away, have the legal proceedings done in a swift manner. The questions I have today are
a) If I want to shift from this house, what is the right procedure as the lease agreement is joint and he is paying the rent. I want no liabilities to pass on to me and at the same time do not want him to come to my new house and threaten to kill me and do nuisance to the society.
b) Can I get a restraint order from court preventing him from coming.
c) If he comes to know that I am shifting, he will create a lot of ruckus. What would be the right tactic.
d) Need contact of some good lawyer in Delhi who can help me out.
3 Answers from Attorneys
Dear Information seeker,
Please find answers to your questions:
a. You need to give a Notice to your present Land Lord intimating the termination of the Lease on your part. However, before doing so, it is advisable to check the terms of Lease Agreement. If it is opposed by the Land Lord or your husband, you have option to file a suit for declaration of lease as void.
b. You can get a restraint order by praying the same in the pending DV Petition.
c. It is advisable that you should move out by taking him good humour.
d. You can check the details; it is not advisable for advocate to solisit.
i agree with Adv Jha
i think you are scared of the situation and not able to take the step further. you can move out of the house and there would be liability as you would inform the landlord in writing that you moving out. you can take any accommodation on rent and can also prevent your husband to visit that place. there is a provision in domestic violence act in this regard. there are a number of lawyers here form Delhi. you may contact any.
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