divorce
Querist :
Anonymous
(Querist) 28 May 2011
This query is : Resolved
hello,
my husband and my mother in law forced me out of the house abusing me and my parents,
reason being that i tried to interrupt in my husband's life,
my marriage lasted for 1yr 1 month.
what actions can i take against him??he has already send the divorce papers and lately i have come to know that he has taken money from my father which he is telling that he would return once all this is over.
kindly advice me what should i do??
please help!!
PALNITKAR V.V.
(Expert) 28 May 2011
Basically I would ask you to sort out the differences amicably. If it fails, then you have number of remedies like filing a DV case, 498A, matrimonial proceedings. If you are also not interested in cohabitation due to behaviour of your husband and inlaws, you may opt for divorce. money of your father can be easily recovered once you file some other proceeding under penal laws.
Querist :
Anonymous
(Querist) 28 May 2011
thank you for the answer!!
my family and me tried speaking to him,but he does not want to talk about anything else other than a divorce.
i do not want a divorce,but he does not want to stay together i do not have any other options.
regarding the money we do not have any proofs for it.so would it be still legally recoverable??
Tajobsindia
(Expert) 29 May 2011
@ Author
Money cannot be recovered by "some other penal laws as advised" It can only be recovered if your father has a receipt and or has made payment by Cheque / DD or cash deposit under his signature into his a/c. Alternate is to file dowry case with stredhan as per List as per Rules.
PALNITKAR V.V.
(Expert) 29 May 2011
I know well that penal law is not the legal remedy to recover dues. But filing of proceeding like one under DV Act or 498A opens doors for settlement talks. A wife in such a situation is normally in a dominating position. If the husband's side is weak in law, a wife can dictate the terms and thus, can recover the money. Even if he does not want to stay together, it is better that you should file a petition for Restitution of Conjugal rights. This works most of the times and the things get amicably settled. You need to engage some good lawyer for this.
Querist :
Anonymous
(Querist) 29 May 2011
being the son in law he was entrusted and not asked for any signature's or receipt!
and my in laws side even if they are week with law they would hire a good lawyer.
i'am very confused.
what is the procedure of a mutual divorce??
what is stridhan??
and what if i want maintainable amount from him till i settle down??
Guest
(Expert) 01 June 2011
I endorse the views of Mr. Palnitkar.
Querist :
Anonymous
(Querist) 01 June 2011
thank you all for the aid but can i claim for alimony?? and how much time does a mutual divorce take??
can you kindly help me with the procedure!!
