Legal Question in Family Law in India
Hello, I am Priti.i married for 2 yrs,its love marriage after 5 yrs of relationship.my affair started in year 2005 however i got married in year 2010,after the very 2nd day of my marriage my husband changed his attitude towards me and now he left me at my parents home year 2012 june,its been 7 months we are not in touch and he is asking for divorce however he has not filled any thing in court as am working my salary is 18k and his 1 lac a month,we dont have kids.I also do not have my parents support ,my parents spent 10 lacs in marriage,3 lac cash 2 gold set .now on which ground i can ask for maintenance and may i also claim for cash as it was given by cash no receipt is avl. i wana file a case that i wanna stay with him as i have no other place to go.if he will say that he doesnt wana stay with me than wht will happen he is ready to give 5 lacs rs
5 Answers from Attorneys
Mrs priti... usually such situation arises and the solution to it is mutual consent...with the help of close friends/relatives.... if still you both are not ready you can claim for maintenance
dear client u can recover yr dowry and other items given in marriage by filing petition under domestic violence act. u can also claim residential order for u by filling petition under domestic violence act. if u want to save yr marriage file case under section 9 of hindu marriage act for restitution of conjugal rights. for more legal help call me on 9422611385
ADV PRASAD PATIL
HIGH COURT, BOMBAY
Dont loose your heart as you can create a ruckus in your Husband s life . You can file a petition under the domestic Violence act for interim maintenance and residence against your Husband. I would not suggest you to file Restitution of Conjugal rights petition as the decree of the case cannot be executed against your husband but would give you a right to file a petition for Divorce. Engage a good matrimonial lawyer to guide you.
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Dear Querist,
At the outset I would like you to first make up your mind as to whether you want to continue your marriage or end it. Once you decide.... then in case you want to continue, file a Section 9 HMA petition.. Dont worry what he says, leave that to your counsel.. If in case you want to end your marriage then you have to be bold enough to make serious allegations upon him to recover your entire dowry and permanent alimony by making a complaint against him in the CAW cell .
Warm regards,