Legal Question in Family Law in India
More than two years have passed ever since a case was filed against my
in-laws, husband and sister-in-law in Nanakpura. They got a bail for the
in Dec , 2009. I have been regularly following up with the
IO regarding the chargesheet but I am not getting any response. Finally the chargesheet has been filed and the first hearing is in this month end . I had also filed a DVA case last week ..the proceeding r on bec my greedy in-laws and husband had filed a divorce case. I have rec teh clothes and furniture but not the stridhan. My husband's lawyer is very smart and was able to convince the judge bec of which my husband had prev got bail. Some of the disputed furniture items are still lying in Nanakpura. My question is that if an educated person like me is being harrassed so much what will be the plight of women who r not literate.What action can the law take againts them..will my husband and in-laws be summoned for the first hearing as the chargesheet has been filed. I am earning 40k per month and husband around 52k ..what benefits can i get and can the judge give residential orders..please help. I do not haev a child bec we lived for just 1.5 yrs together and after that i was forced 2 live with my parents and we hardly cohabited with each other.
1 Answer from Attorneys
Once the charge sheet has been filed, all the accused persons will have to appear in the court not only on the first date of hearing but on every subsequent date. Now that bail has already been granted, it is history now. the only way this chapter of history gets reopened if any one of the accused fails to attend the hearing when the court issues non bailable warrrants for non appearance and issues notice to surety.
The court is to see the evidence and not the smartness of the lawyer. It is the evidence which is paramount. Though you have not pointed out the dispute on items, you were to substantiate the dispute of items, if not the same, on the basis of evidence like invoices or pictures. Please do have faith in the system, Pray and fight for your rights. slow and steady wins the race.
in DV, you have a right of residence in the property belonging to the husband and not his parents or if husband has a share in the said property. The act certainly provides for right of residence.
In the divorce matter, under section 24 HMA, you would be entitled to litigation expense and the maintainence for child, if child is in your custody. You may not get maintainence for yourself as you are earning too. You may file u/s 125 cr p c for maintainence of the child. Law has provided so much for a woman. Under current of sympathy is normally with the woman. So, please have patience. God will bless and system will help.
For any further question, do not hesitate to write again
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