Legal Question in Family Law in India
i had filed a case under section 498(a) , 406,323, 504 506 & 34, against my husband and his family members. this case was heard and under pressure from family elders i turned hostile and my husband and his parents were aquitted. i am now seperated and staying with my parents since last 1 year.and my husband and inlaws have not taken me back
Can i file a fresh case or reopen the same case as i was tricked and presurised to turn hostile by my parents and family elders. , thus the respondents got aquital.
2 Answers from Attorneys
yes, you can move an application for re opening the case or you can move the high court for appropriate directions.
Your legal remedies are practically closed for the moment. Try for an amicable out of court settlement. If you are treated with 'cruelty' and/or 'domestic violence' again after your re-joining, you may have fresh cause of action which may entitle you to seek their prosecution. Therefore, at the moment, it may be good for you to go and join your husband without waiting for him to come to take you along.