Legal Question in Family Law in India
Please help--. I had a complaint against my in-laws, husband and sis-in-law for which an FIR was registered in aug 09 by CAW cell, Nankpura. They had refused to return back my stridhan and dowry articles, clothes, furniture etc. and were not ready 2 take me bk. I got married in apr 2006 and was forced to leave their house in jan 07 due to mental torture and demand for dowry and threat to divorce and beatings. i filed a case in women commission in may 07 and husband filed restitution of conjugal rights in aug 07. i took undertaking to withdraw the women comission case. we started living together again from sep 2007. when i went to women commission 2 close my case i was advised to wait and watch the attitude of in-laws.in nov 2008 I was called with my husband to women commission and the commission ordered for separate kitchen as they had started torturing me again for dowry.they were right my husband and in-laws again started misbehaving in march 2008 when women commission again called my hubsand and mom-in-law my mom-in-law used abusive words and they did not take be bk in matrimonial home. i went bk to parents house from women commission empty handed..the commission told me to go to women cell nanakpura and women commission case was closed. my hubby filed divorce petition in aug 2008..the mediations failed in women cell..finally i filed an FIR in aug 2009 and got 60% of my stridhan and filed a DVA as i did not want divorce. The judge of 498a case accepted the bail of in-laws and husband and they r no more on interim bail..my lawyer was upset and so was I as their lawyer twisted facts and the judge said that I did not specify dates in my complaint and the statements like asking for dowry by in-laws and threats by husband, usage of abusive language for me and not co-habiting with me r vague..i m disturbed. My lawyer wanted to contest this order and so did I so we thought of going to high court. But now i am so pissed off as in the DVA case 5 months hv passed only 3 hearings have happened..i want a solution I am earning and so is husband and we do not have child..i am being tortured without any fault of mine..i want justice..i have now finally decided to DIVORCE HIM. Please advise can i get alimony ..will i get the jewellery that was given by my in-laws. I am earning 30k and husband 42k, how much time will it take for divorce. The DVA case hearing is on 22 JAN 2010 and Divorce case hearing on 6 FEB 21010. Please help i want to recover money that was spent by my parents in gifts and wedding and I want onetime permanent alimony.I do not want my parents to suffer because of him. My husband is not at all ashamed of his deed and i have wasted 3.8 years of my life for him..i do not want to waste money in litigation and want a peaceful life..Please help and advise at the earliest.
2 Answers from Attorneys
you may brief your lawyer about your requirement and time constraint. the hearing of DV on 22nd Jan is crucial and you may ask the court for return of your stridhan. your lawyer may even talk to his lawyer and convince him for divorce by mutual consent and payment of sufficient alimony.
Since you are already in touch with your lawyer, there is hardly anything more this Forum may offer. The only effective and expeditious solution in such a situation could possibly be a divorce by mutual consent so that time consuming litigation and expense could be avoided.
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