Legal Question in Family Law in India
My husband and his family behaved with me cruelty and i have to left metrimonial house when i was pragnant. I am working and they always demand that i have to handover my all salary to them which i refused and asking money to my parents and i refused in turn they misbehaved with cruelty. I am having a kid of 4 month only. now once he came to me and said .. come back. I refused stating that what is security of my child and my self. he did not say that he will not do this things in future but applied for restitution of conjal rights. what should i do? is he has right to take all my salary and court can say to me to go back
3 Answers from Attorneys
Court may ask you to go back but you have a right to refuse the same . You can file a petition under the D V Act for maintenance and residence against your husband etc too. If he troubles you more then you can file a complaint before the crime against women cell for demand of dowry etc against him and his family members.
although it is his right to approach Court. But it is also true that you can oppose to his RCR case and refuse to return.
Further you may also take other recourses if at all necessary and required.
But my advice would be if he is ready to state before the Court that he wont be repeating the deeds of past you can consider about your return.
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DEVANSH BHARDWAJ
ADVOCATE
LUCKNOW
court cannot compel you to go back but if you wish to go back, you may file a complaint under domestic violence and seek residence orders and protection at your matrimonial home.