Legal Question in Family Law in India

Hi,

I am a 32 year old young working women. I was ill-treated at my in laws house. After 1.5 years of married life, they literally throwed me out of their house. Cases of 498 were filed and DVA was also filed last year. My husband had filed divorce case. I have received 70% of my dowry items but till date I have not received maintenance. I have just received litigation expenses of 24k in the divorce case. The SHO of nanakpura told me that charge sheet has been filed but uptill now no hearing has started. The culprits-husband, sis-in-law and in-laws got bail in DEC 2009. My husband keeps missing most of the hearings. I have a few questions pls advise�

1. How much time will it take to start the charge sheet trials. Police has informed that charge sheet has been filed But i doubt if it is true.

2. Want to know if I am entitled to residential orders . I am earning 40k per month and he is earning 50k per month. What compensation can I get? My lawyer told the judge that we are fine in adjourning the case till next hearing and I was against it�I feel that this will weaken the case bec these guys keep missing hearing and the judge will also think that I am fine with compromise and do not want to live with my husband. 1.5 years have passed ever since DVA case was filed and nothing has happened. I want a quick decision and feel my lawyer made a wrong move as the boy�s side wants to compromise my giving 8 lakhs to get rid of me.

Note: I dont want anything except that my husband should and come and live with me in another house(not in the same house presently where he residing) along with his parents. I did not demand even a single rupee from them.

Please help S. Prashar


Asked on 11/10/10, 11:43 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

Once the charge sheet has been filed, the case starts. You can confirm with the court whether or not charge sheet stands filed. You certainly are entitled to residential order. The adjournments are part of the system. Your lawyers decides according to the situation and some times one has to go with the court. No court can compel one to live with one at a particular place. The court can order restitution of conjugal right but even then parties do not live together which end into divorce. The opposite side may have such thing in their mind. You should think of all possible options. If there is an offer of settlement, just do not brush it aside. Think it as an option. Back up plan must always be there.

Read more
Answered on 11/10/10, 7:39 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India