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anonymous.help (anonymous.help)     23 November 2017

Dv and mc

my husband filed divorce case on desertion grounds.If suppose I won the case and my husband refuses to take me, what are the remedies available to me? what course of action can I take? please tell.


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 3 Replies

Vijay Raj Mahajan (Advocate)     23 November 2017

You can ask for maintenance if you have no job or source of income. You can ask place of residence with all facilities those you were enjoying while living with him in matrimonial home. All these you can seek under DV Act. Apart from this you cannot force him to keep you with him.
1 Like

Siddharth Srivastava (Advocate)     23 November 2017

You can claim maintenance and alimony. In case of dismissal of case filed by your husband youare entitled tolive in your matrimonial house and for this purpose you can file case for restitution of conjugal rights.

Samir N (General Queries) (Business)     24 November 2017

First and foremost, you MUST file a counter-claim. This is something that advocates blissfully forget to do.  The counter-claim must specify what it is that you want. Then, based upon the counter-claim filed, you can ask many things, including maintenance.  Otherwise, 'if I won' simply means that he will not get divorce.  In law, there is a basic requirement: A judge cannot give what is not asked for. Unless there is a counter-claim, you cannot ask for anything. Your win merely would mean that he will not get what he wants (divorce)... but for you to get something, you must file a counter-claim. Your counter-claim can also seek divorce on grounds that you ask.. for example, you can say that you want divorce because he deserted you or on grounds of cruelty by him to you or his mental insanity. Of course, you will have to prove all of this.. the burden of proof is on the filer of the suit.

 


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