Legal Question in Family Law in India
Penalty during divorce proceedings
Hi, my hubby filed a fake case against me and is asking for divorce..case is gng on in tis hazari. He had mentioned that I had abused his mom and taiji in dec 2007. His taiji was in U.S. The judge was told abt it and the court has penalised by hubby and in the next hearing they will hv to pay 2k. I am also filing a case of 498-a ipc and dva against my hubby and in-laws. All this has happened bec of my mom-in-law. Today we have also filed a case of maintenance. i am earning 32k per month and my hubby around 65k. In how much time will i be sent bk to my hubby thru dva?What are the repercussions and the punishment that my in-laws and hubby get if they do not take me bk, will i get my stridhan? what if they refuse or say that i have taken away everything.please clarify? Will their case become weak now that teh court has imposed a penalty?
3 Answers from Attorneys
Re: Penalty during divorce proceedings
you can get all your rights viz stridhan, residence order, compensation etc. but it all depends upon the judge and your lawyer. i have seen in tis hazari itself, the cases under DV act are being dragged for months together whereas a complaint under DV act needs to be disposed off within 60 days. ask your lawyer to press for residence order on the first date itself and dont leave the court without taking residence orders and a direction for police support.
Re: Penalty during divorce proceedings
you can get your rights but time cannot be estimated
Re: Penalty during divorce proceedings
You may get back your istridhan; but you should think of going back to your husband or his family. You may wait for court orders for appropriate guidance.
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