Legal procedure

nimita singh (Querist) 24 February 2012 This query is : Resolved
hi experts,
i am staying at my parents home since jan 2011, however in the same month i.e jan 2011 i have sent a notice through a lawyer to my husband saying to take me back to the matrimonial home bt no body turned up in fact they have even rejected the notice i had sent them.now its more than 1 year and there is no sign from my husband of taking me back ,however during this period we were meeting outside & even talking on phone.my question to u is what steps should it take now should i send a notice again or somthing else ?
thanks

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V R SHROFF (Expert) 24 February 2012

As u r on talking term, ask your husband, what is dispute? Where you differ? Why can't you two live together??

nimita singh (Querist) 24 February 2012
his mother doesnot want me over there,i dont know why & he is completely under her control.what should i do please help.

Shastri J.K. (Expert) 24 February 2012
U can file petition U/S 9 of hindu marriage act.for restoration of congugal right..

V R SHROFF (Expert) 24 February 2012
“lagav muska, to your MIL, judha hi sahi,” & save your married life. Don’t leave Matrimonial home. Get DV Order if MIL trouble
Don't you ladies know, how to fool another lady??

nimita singh (Querist) 24 February 2012
sir, she is not a lady who can be fooled infact she fools others especially rich n wealthy men,she has even left her husband. i have not left my matrimonial home on my own my MIL & my husband have left me at my parents.please suggest at this stage what steps to be taken as i dont want divorce ,but want to teach a lifetime lesson to my MIL that destroying some innocent persons life for her benefits & sins is not easy.

V R SHROFF (Expert) 24 February 2012
Enter your matrimonial home. If they try to dispossess you, file DV . for residence + mtn +cruelty by MIL. Take help of Police, cannot remove you from shared household.

Try to do sweetly, but be bold.

Ask your husband to be with you, keep him happy. [Keep in mind : Later, have a separate house.]If he do not co-operate, file Application for DV. against all, and continue living in mat home.They cannot remove you.
As you say, your MIL have many wealthy boy frd, so she want her privacy, Probably your FIL can be your best supporter, and both of you two can find out better ways to teach MIL lessons.

Raj Kumar Makkad (Expert) 24 February 2012
You engage a local lawyer, This is your first step.

Second-File a petition under section 125 Criminal Procedure Code for maintenance

Third Step-File DV Act Application.

4th Step-File petition under section 9 of HM Act with application under section 24 of HMA.

First do this and then again contact us for sharing the events.