Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

latha (office staff)     22 June 2013

After divorce dismissal

DEAR LEGAL ADVISORS AND FRIENDS,

PLEASE GIVE ME REPLY FOR MY QUERY.MY HUBBY FILED DIVORCE CASE AGAINST ME AND THE SAME WAS DISMISSED YEATERDAY WITH NO EVIDENCE ON HIS SIDES.ALSO HE IS NOT ALLOWING ME IN HIS HOME.NOW MYSELF AND MY SON STAYING IN MY RELATION HOME.SHALL I APPLY FOR MAINTENANCE.

IF YES PLEASE ADVICE ME THE SECTION AND OTHER PROCEDURE REGARDING THIS.ALSO ADVICE ME SHALL I (MYSELF AND SON) HAVE RIGHTS TO STAY WITH HIM NOW OR NOT.

DONT KNOW WHETHER HE IS GOING FOR APPEAL OR NOT.

IF HE GOES THEN ALSO MY RIGHTS WILL REMAIN THE SAME...

PLEASE REPLY ME.



Learning

 9 Replies

2BHelpfull (Other)     22 June 2013

"ALSO HE IS NOT ALLOWING ME IN HIS HOME"

well for this u can file case against him under cruelty .

 

As for maintenance, please mention the Personnal law under which marriage was solomanized

 

JUST FOR YOUR INFORMATION

" you can Claim Maintainance under sec125 of CrPC

and

Under personnel law."

Advocate Deepak Gupta (Lawyer)     22 June 2013

Yes ur having right to stay at home ,  file case under  Demostic Violence Act .  For maintenance file case under section 125 of the Cr.P.C . If ur husband move to HC , ur having right to defend yourself .

Ranee....... (NA)     22 June 2013

you can file case under PWDVA '2005 where you can get maintenance for both of you and  right to reside in his house.Contact a good lawyer.

latha (office staff)     24 June 2013

DEAR ALL,

THANKS FOR THE INPUT.

MOROEVER I FORGET TO WRITE ONETHING.(ie) BEFORE 3 YRS I HAVE APPLIED FOR RESIDENCE ORDER IN DV CASE.

BUT THERE I DIDNT GET RESIDENCE ORDER,BECAUSE THAT HOUSE WHERE MY HUSBAND PRESENTLY RESIDING WAS OWNED BY FIL .

IN THAT CONDITION JUDGE TOLD THAT IT IS NOT SAFE BOTH FOR ME AND FIL TO GET STAYED IN ONE PLACE DUE TO THE MISUNDERSTANDING OF EACH OTHER.SO THAT JUDGE MAM GAVE ORDER LIKE THIS. " WIFE  HAVE TO ARRANGE A HOUSE AND RENT SHOULD BE PAID BY HUSBAND DIRCETLY TO THE HOUSEOWNER , SO THAT THE UNDERSTANDING WILL CREATE BETWEEN ME & HUSBAND , DONE KNOW  WITHOUT MY HUSBAND HOW CAN I  MYSELF WITH MY 4 YRS SON WILL STAY ALONE" AND HOW CAN UNDERSTANDING WILL GET DEVELOP BETWEEN ME AND HUSBAND.

HUSBAND WILL STAY AT HIS FATHER HOUSE.MYSELF  ALONG WITH MY SON  WILL STAY IN SOME OTHER PLACE .THIS WAS THE ORDER I RECEIVED.THERE I REFUSE TO GET MAINTENANCE AND ONLY PRAYED FOR  RESIDENCE ORDER".

AFTER THAT HUSBAND  SENT ME A LETTER TO INTIMATE THE ADDRESS AND BANK ACCOUNT OF THE HOUSE OWNER TO DEPOSIT RENT EVERYMONTH.BUT I DIDNT COMPLY WITH THAT ORDER AND TILL DATE I DIDNT GET MONEY FOR RENT TOO.

IN THIS CONDITION SHALL I BE ABLE TO STAY WITH MY HUSBAND ALONG WITH MY SON.PLEASE ADVICE ME IN THIS REGARD.

WHAT ARE ALL MINE AND OUR SON RIGHTS WITH MY HUSBAND IN THIS PRESENT CONDITION....

DV : ONLY RENT ALLOTED , NO NEED FOR THE HUSBAND TO STAY WITH ME.

DIVORCE : IN FAVOUR OF ME AND DIVORCE NOT GRANTED TO HUSBAND.

PRESENT : HUSBAND RESIDING WITH HIF PARENTS IN FIL HOUSE.

PLEASE ADVICE ME FOR THE SAKE OF MY SON.


(Guest)

Looks like you have been successful in terrorizing your husband to the fullest extent.


Now reap what you've sown,

shriks........... (healyhcare)     24 June 2013

dear latha, 

1. you cannot get evrything you wish for......
2. magistrate orders were in your favour all the time, you never complied with the address n all that stuff......
3. you can convince but cannot force somebody to stay with you......
4. live and let live is what your husband is following, why dont you do the same.......PWDV was in your favour, you got alternate acc... orders, why you do not want to live peacefully and let your husb live ??????????
5. keep contesting the cases ......thats what the solution is.............

Ranee....... (NA)     25 June 2013

Find a good house near your relative's house and let the husband pay rent.When he will have to pay regular then only there is a chance of understanding between you and your husband.Paying rent like a EMI will make him think for a final solution..I think.

Staying always in relative's place is not a good idea.If you are working arrange a creche for your child to stay after his school is over till you come back from office.Try to be self dependent in all aspect.


(Guest)

Looks like you want to live with your husband but he doesn`t.Even if his divorce gets dismissed,then also there`s no compulsion to live with you as long as he pays your rent.Would you consider taking alimony payment and taking divorce?

fighting back (exec)     25 June 2013

@latha....you have broken your own relations, now why do you want to cry?? do you know the meaning of filing a dV case, the word itself talks for itself. domestic voilence, after accusing your own husband of domestic voilence, will he ever even think of living with you......trust is broken completely here.

not only have you lost your present husband, but you will find it extremely difficult to marry in future too, just think, who would like to marry a woman who has filed a domestic voilence case against the past husband? he will run away miles from you, even before you propose for marriage.

so your bleak future is.....staying single and earning for your self.

as helping hand has rightly said: now reap what you have sown................all the best


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register