Legal Question in Family Law in India

my husband has applied for divorce. all his allegations are false indeed 70% of them i can even prove that they are false .....i had applied for dv case and it was in that retaliation that he filed for divorce. i had applied in caw even there he pretended that he wants me back but that day itself wen i returned back from women cell i got summons for the settlement of issues i.e is divorce petition ......then i went back to caw to check his statement there he had written something else that i , his wife only pretends to save the marriage .............on my last day in matriomonial home he had beaten me ....and when i asked him to call my parents (i was not even allowed to keep a mobile phone ....i was allowed to talk to my parents only in front of him)...that day he called the police but since i was beaten so police wrote complaint in my favour ...its very clear to me that he is only trying to dupe me ......now i want him to agree on my terms and conditions earlier i didn't want divorce but his clever acts and the way he is acvting is turning me against him ....pls guide what harm can he do to me all my jewellery n clothes are in his custody but i wanna go n live in my matrimonial house which he doesn't want will i be able to get mentainence n residence orders pls guide i'm i on the right track ........


Asked on 10/17/10, 10:13 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

if you can prove him wrong in the court where divorce is pending, he will not get it. You will get maintainance and residence if you prove your case in DV. In case you also want divorce, the best bet will be to sit down and talk amicably as to what you want in terms of maintainance, return of jewellery and articles and permanent alimony. If he agrees to give you all go for mutual settlement and mutual divorce. But if you do not want divorce, then you are already on the right track of DV and police case.

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Answered on 10/17/10, 12:19 pm


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