Legal Question in Family Law in India
Respected Rajiv Gupta ji. Thankyou as guided my you I made my lawyer inform d Judge that I am not interested in divorce. The boy's party wants settlement and they are offering just 6 lakhs(which they told to my lawyer over the phone). The lawyer of my husband told the judge that I do not have any intentions of living with my husband and have filed false cases...which is not true. The judge asked me if I want a compromise and I refused . I told that I want to save my marriage and my lawyer stated that residential orders shud be passed. The judge was abt to ask the address of my husband but in between his lawyer said that they want to file a case of purgery against me saying that I am lying that the second floor of my husband is in his mother's name ..it is in his tayiji's name. Can this be a problem for me . My lawyer will file a response bec what was told to me by my husband and in-laws was told to the judge. They have a double storey house. Still the first floor remains in my mother -in-law's name. How much time can it take to get residential orders and how can i expediate the filing of chargesheet. pls advise. PASTING My prev ques for your reference - DVA case was filed in July 2010. 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 firts floor of house is in mom-in-law's name. 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 they are crooked..pls help.
1 Answer from Attorneys
even if you stated in your complaint that the house stands in the name of mother and in fact its in the name of taya ji...its not a ground for entertaining petition for perjury. his lawyer is just beating about the bush. you may be entitled for residential orders if you make out the case.