Legal Question in Family Law in India

After 10yrs. of marriage my husband has suited a divorce case against me while I have 2 kids one of 9yrs and second of 6yrs. He suited the case in jan-09 when he was living with me and run away to his mother's house from that rented house where we were shifted in 2008-May. and I had to live with my parents house as my m-in-law has filed a complaint against me to not to enter me in my metrimonial house where I have been past my 8.5yrs of marriage. Now I am totaly helpless. Every law says that I cannot enter in my metrimonial house as it is on the name of my m-in-law. An amount has been fixed by the judge but he is not ready to pay that much of amount. I have 2 questions which are mentioned below:

1 Despite of living together, is it possible to file a divorce case or we should be seperate for at least one yr. , so let me know can i take a step for this point?

2. As I want to live with my husband and not ready to give him divorce so is it possible for him to take divorce on the ground of cruelity very soon while I am innocent?

3. Do i have a right to go back to my matrimonial house?

Kindly consider these points and ans as soon as possible.

Regards


Asked on 1/14/10, 2:49 am

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

yes, you have a right to go back to your matrimonial home. if we consider the domestic violence act in its letter n spirit, it is mentioned that the woman be it a mother, daughter or a wife, has a right to reside in the shared household. as you have stayed in the house for more than eight years, you have all the right to get residence orders even though the house is in the name of your mother in law. you should move a complaint under DV Act. he has to prove that you inflicted cruelty upon him and its a pretty tough job. you can reply his divorce petition and the law would take its own time. as you living together, it would be very difficult for him to get divorce.

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Answered on 1/14/10, 2:58 am


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