Legal Question in Family Law in India

India has a very good system of providing legal aid to women irrespective of what they earn. All you need to do is to apply to the Legal Aid office in the district Court.

Be as that it may, cruelty is the ground for you to apply for divorce. You may file for maintenance u/s 125 Cr PC and a complaint u/s 406 for return of articles.

1) Kindly tell me the procedure to get a divoce.

YOU MAY HIRE A LAWYER OF YOUR CHOICE AND ASK HIM TO FILE A PETITION FOR DIVORCE ON THE GROUNDS OF CRUELTY AND / OR ANY OTHER GROUND AVAILABLE AS PER YOUR CIRCUMSTANCES.

2) I want my belongings back from him which my father had given me at the time of marriage.

FOR THAT YOU HAVE TWO OPTIONS. FIRST, YOU CAN FILE A COMPLAINT BEFORE THE CRIME AGAINST WOMEN CELL U/S 498A/406 AND YOU CAN ALSO FILE A COMPLAINT BEFORE THE MAGISTRATE OR PROTECTION OFFICER UNDER DOMESTIC VIOLENCE ACT AND CAN CLAIM YOUR BELONGINGS AND COMPENSATION FOR MENTAL AND PHYSICAL HARASSMENT.

3) I want alimony from him.what is the procedure for that?

ONCE YOU FILE A PETITION FOR DIVORCE, YOU WILL HAVE TO FILE AN APPLICATION U/S 24 AND U/S 25. 24 STANDS FOR MAINTENANCE PENDENT LITE, I.E. DURING THE PENDENCY OF PETITION AND 25 STANDS FOR PERMANENT ALIMONY ONCE THE DIVORCE IS GRANTED.

4) I do not want to file any criminal case against him as i am not in a position to

pay for the fees of lawyers

IN CASE YOU NOT IN A POSITION TO PAY FOR LAWYERS, YOU MAY APPROACH THE LEGAL AID CELL OR AN NGO WORKING FOR DESTITUTE WOMEN.

You may initiate criminal prosecution of your husband and in-laws for torture etc. without engaging a lawyer.