Legal Question in Family Law in India
Is it true that if husband has filed a case of divorce on cruelty grounds it becomes difficult for teh wife to get residential orders thru DVA. I had filed for 498a and DVA as my husband abandoned me 1.7 years bk..have been living with my parnets. I am earning 33 k per month and he is earning 43k. FIR was registered have rec 60% of my belongings I want to live with him..yeasterday was a divorce hearing and the judge has asked me to file a replication as they have again filed a petition stating that my parents and relatives r abusing and threatening him. I have been advised my the judge once replication is filed court will call witnesses. Divorce case was filed on aug 2008. R there chances of reunion. The bail matter is due on 26/11/09 as of now husband and in-laws r on interim bail..pls help and ans all questions.I want to save my married life.
5 Answers from Attorneys
Reunion is possible if you talk through family elders.
You can also use the Family Court mediation for reunion.
as far as DV act is concerned, you are entitled to right to residence even though there is petition for divorce pending on the ground of cruelty filed by your husband. mere pendency of petition is no ground for the court to refuse you the right to residence. ask your lawyer to press for residence orders and you will get the orders.
marriage is to stay on understanding. if you both have no understanding any number of court orders will not help. reunion is possibe with residence order under the DV act. but it will be fruitful only when you have comfort in marital house. try to talk to elders and settle it.
In your situation, a successful reunion is very unlikely. you should try to seek an end to litigation at the earliest and consider your rehabilitation.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
