Legal Question in Family Law in India
My friend had done marriage in 2007, and from the second day of marriage her husband had started mental harassment. Before marriage she had minor stress problem and as per her doctor that is curable and she should discuss with her husband before marriage. So, before marriage she had discussed the matter with her husband. But due to some reasons within week her husband had started mental harassment and she found that they were expecting money from her parents. Then the husband and in-laws started to call her psychiatric person and send back her to her maternal home. so, she sent legal notice. but they had not given proper reply. Finally she had filed petition for maintenance under section 18 HMP but petition was rejected due to jurdiction matter. Meanwhile her husband had file case of nullity for his city. So, she had filed application for travelling and stridhan. But what ever travelling and intrim maintenance given by court that is very inadequate compare to the status of the husband, because court has accepted IT returns, however girl had submitted profile for marriage which shows his actual income is much more then it return. Also since last two years she had tried to get stridhan from court but court had not taken any decision. So, please give guidance and for mutual concern how much time will take?
2 Answers from Attorneys
Your friend has suffered from Domestic Violence and so she may file a case under the Protection of Women from Domestic Violence Act. However you must establish violence. She can claim for stridhan here.
DO you mean mutual consent divorce when you say mutual concern???
mutual consent divorce will take around 8 to 12 months. if you are not satisfied with alimony awarded by court then approach higher court. you can also ask maintenance by filing DV case, S125 CrPc etc. Contact a good lawyer with full details.