Legal Question in Family Law in India

I & my husband belong to Bareilly. We met & fell in love during our stay after college in Delhi. Due to family unacceptance we did court marriage in May 2006 in Gurgaon then later after parents consent got married ritually on Oct 2006 in Delhi & settled in Gurgaon then after. Just to please his parents my husband asked me to save my salary in father in law's account. Months passed away when I was forced to work only instead of starting family as desired by my husband, on my displeasure I was emotionally abandoned in the family & cursed for not supporting financially. Due to disputes on financial ground, my husband got aggressive both physical & verbally. Keeping this hidden from my family, it all came to everyone's notice past 2 years of marriage when they all forced me to agree for mutual divorce. Based he & his parents planned a forced exit of mine & lodged a complaint in neighborhood about my leaving the house by threatening them.

We were called in police station & during counseling session I requested to return my belongings & salary as given till date. We tried to talk about re-living but they wanted divorce & refused to acknowledge my financial & family support. So, FIR was filed against them under 498 A & 406. The said case is still pending in court of Gurgaon. Meanwhile my husband & his family has lodged a case of divorce in Bareilly stating that our marriage happened there & we were settled there after marriage.

Any suggestion, though I have all proves (court marriage certificate/ office address/ bank account statement, etc)

Can he actually get divorce in Bareilly? This way, case of 498 A & 406 will have no importance & they will make an escape. We are trying to get the case transferred to Gurgaon but it's time consuming process.

How can I get justice after facing such humiliation & fake allegations?

We are leaving separate, can I ask for monthly maintenance or lawyer's fee till the decision is taken in spite of my current working status.


Asked on 10/27/10, 7:18 am

2 Answers from Attorneys
Vishwa Arya Arya & Co.

You have a right to get the case transferred to Gurgaon from Bareilly by an order from the Supreme Court. You may also file a maintenance application under section 24 HMAct for litigation expenses, maintainence etc..You have also a right of residence and compensation under domestic violence act.

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Answered on 10/27/10, 7:35 am
Devansh Bhardwaj Devansh Bhardwaj

You have every right to get the case transferred to Gurgaon. Yes you can claim litigation expenses.

FOR FURTHER DISCUSSIONS IF ANY YOU CAN CONTACT ON 9415109404 OR ON [email protected]

DEVANSH BHARDWAJ

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LUCKNOW

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Answered on 10/28/10, 9:50 am


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