Neha 15 December 2017

Divorce, alimony and child custody

I was filed dv and maintenance case against my husband and in laws in indore Court 2 year ago. After 1 year my husband filed divorce and HMA 9 case in Delhi family court against me. But Delhi court dismissed his both cases and penalty on my husband of rupees 20000 but he not pay any penalty money in court till today. After few months I withdraw my both cases from indore court and comprises with my husband in pressure of my parents and he was get my children back from me because of school admissions and I was stay indore due to my mother eye operation. After closed all my cases my husband and mother in law start mantle torture on phone calls and she said jaisa pahle chalta rha hai waisa hi chalega ab cases close ho gaye ab kya kar legi. Now I doubt that they playing game with me and my parents. Now they not give me my children back and now my husband file divorce case again on me in indore family court. Now what can I do. Please suggest me best and helpful. Thanks

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Adv Radhika Mehta (Advocate) 15 December 2017

How can someone file Divorce and RCR Petition togther? There is no need for you to panic. From what you have described, it is clear that you too do not want the marriage per se. So appear in the Court and bring to the attention of the Court the previous order which directed him to pay penalty. It will be only after he pays that the matter will be allowed to proceed further. Thereafter you can file for maintenance, custody of children etc.