Legal Question in Family Law in India

please refer to my questiuons..I understand that the matrimonail house is not a war field but the situation is such that my husband and in-laws are not ready to accept me..i still want to live with him but they are making very rude comments at me at the time of hearings..pls help i am earning and he is also earning. am fighting divorce case filed by my husband have recovered 60% OF my dowry articles thru 498 a case. I have also filed DVA as i do not want divorce..my husband has returned the jewellery givenm to him and his parents by my parents..if i go for a mutual divorce then can i get permanent alimony. And if I do not want divorce can i recover my stridhan and get residential orders

i am earning 28 k and he is earning 41 k


Asked on 10/27/09, 10:28 am

5 Answers from Attorneys

Seshadri Srinivasan www.lawconcern.com

You have to decide whether you want to live together or to divorce. Only based on your decision any advice can be given.

Please note that decision of this type is purely personal.

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Answered on 10/27/09, 10:32 am
Rajiv sharma India lawyers

If you will go for mutual divorce then everything depends upon mutual divorce clauses settled by both of you and in the mutual divorce agreement, you may mention anything you want and if you dont want divorce then under DVA act, court can provide you shelter with your husband and also security so that your husband will never manhandle you.

Good luck and Regards

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Answered on 10/27/09, 10:39 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you have all the rights to seek residence order of a shared household and in case your husband denies you the right, he is duty bound to maintain you by renting out a house. in case you go for divorce by mutual consent, you may negotiate the amount of alimony.

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Answered on 10/27/09, 1:10 pm
G. M. Gupta gmguptaandassociates

i dont think that you have any real fight with your husband.. you are earning and can stand on your own legs....

see you want to live with him but do u think that by such means of harassment to him and his family, you will be able to win his heart? i dont believe that criminal matters can make any home so i will advice that make your home and dont break it. try your level best to make it and if it dosnt work out then break the relationship by peaceful means... in fact marriage is not a crime for men.

as far as your rights are concerned you have right of alimony and house but there are lot of conditions to that so i will advice to consult your lawyer on this

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Answered on 10/28/09, 3:44 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

There is no point in living with an unloving husband and in an hostile atmosphere. You may consider a reasonable out of court settlement and try to bring an end to litigation.

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Answered on 11/15/09, 2:27 pm


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