Legal Question in Family Law in India
These question r fr Mr Rajiv Gupta..I am pasting my queries again., Yes I do want to live with my husband pls suggest a way to get residential orders at earliest alongwith ans to othe questions..I had a complaint against my in-laws, husband and sis-in-law for which an FIR was registered in aug 09 by CAW cell, Nankpura. I I was told that a strict action will be taken against my husband and in-laws as they have refused to return back my stridhan and dowry articles, clothes, furniture etc. and were not ready 2 take me bk. I gt married in apr 2006 and was forced to leave their house in jan 07 due to mental torture and demand for dowry and threat to divorce adn beatings. i filed a case in women commission in may 07 and husband filed restitution of conjugal rights in aug 07. i took undertaking to withdraw the women comission case. we started living together again from sep 2007. when i went to women commission 2 close my case i was advised to wait and watch the attitude of in-laws.in nov 2008 I was called with my husband to women commission and the commission ordered for separate kitchen as they had statrted torturing me again for dowry.they were right my husband and in-laws again started misbehaving in march 2008 when women commission again called my hubsand and mom-in-law my mom-in-law used abusive words and they did not take be bk in matrimonial home. i went bk to parents housefrom women commission empty handed..the commission told be to go to women cell nanakpura and women commission case was closed. my hubby filed divorce petition in aug 2008..the mediations failed in women cell..finally i filed an FIR in aug 2009 and got 60% of my stridhan and filed a DVA as i do not want divorce. Today the judge of 498a case accepted the bail of in-laws and husband and they r no more on interim bail..my lawyer was upset and so was I as their lawyer twisted facts and the judge said that I did not specify dates in my complaint and the statements like asking for dowry by in-laws and threats by husband, usage of abusive language for me and not co-habiting with me r vague..i m disturbed. My lawyer wants to contest this order and so do I so we r going to high court next week..pls advise can I still get residential orders from DVA 5 months hv passed only 3 hearings have happened..i want a solution I am earning and so is husband and we do not have child..i am being tortured without any fault of mine..i want justice..husband has done all this under the influence of mom-in-law..pls help and and answer all my questions
3 Answers from Attorneys
In a pending court case, it may be appropriate to proceed further in accordance with the advice of your lawyer.
a husband is duty bound to provide residence to his wife whether shared household or a house on rent. you can ask the court for interim orders regarding residence and at the same time, you can seek appropriate orders that your in laws are refrained from committing any act of domestic violence against you. you can approch the HC for cancellation the bail but u need to have solid grounds for that. is it possible for you to reproduce the order of session judge granting bail without mentioning the identity of parties.
I agree with the opinion given by Shri Rajiv Gupta
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