Legal Question in Family Law in India
This ques is for Mr. Rajiv Gupta..sir what action can be taken against my husband in case he refuses to take me back..i am pasting my question..how much time will it tk to reach a resolution. DVA case was filed in July 2010. Can I get monthly maintenance.
Respected lawyers please help--Kindly help save my marriage.I gt married 4.8 years bk.I have been harassed mentally for not bringing enough dowry and car from my parent�s place. My mother-in-law and sister-in-law have made fun of my looks, my abilities. My mother-in-law has many a times done my character assassination . I am a decent and good looking woman and this was being done just to humiliate me.Infact it's my husband who is on the darker side and is average looking. My husband threatened to beat me and give me a divorce and all this was being done and said under the influence of my mother-in-law. I was giving a share of my salary to my husband but still none of my basic needs were fulfilled. Husband has filed a case for divorce after I filed a case in Women cell against him. The mediation failed and Women cell asked me to file an FIR. Earlier I had filed a case in women commission bec i had to come bk in jan 2007 to my parents house because of their misbehaviour. My husband filed a case of conjugal rights in tis hazari and we united in sep 2007 but again everything came bk to square one. My mother in-law would not let my hubby interact with me and he would not show his face to me as he was in night shifts and wud sleep with his parents. I am living with my parents since March 2008. DVA case was filed and my husband and his family got bail last year in dec 2009. The chargesheet for FIR has been filed but hearings have not started. I am in constant touch with IO and she says that it's under consideration. I have got 70% of my dowry articles but have not received stridhan. My husband keeps missing hearings. On last hearing my lawyer in front of the judge said that compromise talks are going on and I am not happy with this statement made by my lawyer. Is there a way through which I can save my marriage. Wont this statement weaken my case. I am earning 35-40k per month and he is earning 50k month. Can i get residential orders..the house is in mom-in-law's name. Can i get monthly maintenance? what are teh chances of divorce pls answer all my questions.How can i speeden up the initiation of trial in chargesheet matter. The husband's family is not even ready to pay the alimony amount..pls help.
1 Answer from Attorneys
as you earning almost similar to his earnings, so u may not get monthly maintenance but you may get compensation for the mental harassment that you have faced so far. your husband cannot refuse to let you in after court orders as that would be contempt of court.
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