Legal Question in Family Law in India

my husband and in laws were harrasing me after one month of our marriage. we got married in 2008 since then they were torturing me, husband used to beat me and used to spend his entire time with his parents and brother in separate room .many time family discussion happened but they didnt changed.in 2010 they again beaten me ,this time we informed police ,mlc done. cases went to CAW cell then FIR has lodged . i have filed case 125 and DV againt my husband and inlaws.its being 9-10 months i am living separately with my husband after so many months we met and my husband want me to join him back but only in rented house or give divorse. problem is that he doesnot want to return my whole streedhan. he also says that he sincerely want to live with me.i am confused now about his intention and my future. what should i do , shall i go with him in rented house also how to check his sincerity for our relationship?


Asked on 10/02/10, 3:48 am

2 Answers from Attorneys

Vishwa Arya Arya & Co.

there is no barometer to check such sincerity. Pattern are against the bonafide sincerity. In past it has been seen that compromise is arrived at and both H and W go to rented place so as to withdraw complaint against one and all including Inlaws. Later if any thing happens, there cannot be an occasion to make any complaint against the inlaws as both H W were staying in rented accomodation without in laws. so complaint would be restricted to H only. However, this is the pattern but there are always good exceptions which you would know alone from the very nature of your H. Secondly, it is you alone who can see through whether or not marriage can be saved and should that be saved. If yes, then certainly this is an opportunity to examine H and only thing you loose is that you would not be able to complain against in laws. You may also examine the situation in the light of stage at which your cases are. whether or not interim relief has been granted. whether or not, the shared accomodation is in the name of husband or his parents. whether or not the possible compensation would be good enough for you. whether or not you would be respected by your own parents. whether or not you have good chances of finding a job. whether or not you have good chances of finding out a new life partner. all these questions may help you to come to a logical answer which you may consult with your lawyer on fact based situation.

Good Luck!

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Answered on 10/02/10, 4:15 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

it is always better to give it one more try to save the marriage but at the same time, your past experience may hold you from going ahead with it. you may think and take a rationale decision.

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Answered on 10/04/10, 3:07 am


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