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Namrata Agarwal (None)     14 September 2012

What being a loyal wife should i do???


I was married on 27/11/2009. Had undergone a lots of hurdle and difficulties, tortures (mental & physical) during all these stay at my inlaws place.

Eventhough I never filed aany FIR / cases (except just a GD to local P.S.).


After much disturbances, my parents took me away from my matrimonial home at Ranchi and I am here at my mom's place since July 2011. No steps/initiatives were taken by my husband to re-start our conjugal life.... To the extent that even when I took an initiave hoping to restart my marital life, I went back at my Ranchi on April 2012, but my husband absconded locking the home. For weeks I was alone suffering and searching my husband in whole of Ranchi, even tried seeking help from P.S. & women's commission, but all in vain. I returned back to Kolkata bare handed losing all my hopes.

Here too I did not lodge any cases, but now y husband had filed a juducial separation u/s 10 of Hindu Marriage Act. putting all false allegations & blames.


Pls advice what should I do now to nullify this case & even get money from him, now I wanna treat these people a lesson. I was silent all these while but now I cant take anymore.


Thanks / rgds


 9 Replies

Ashimta Lekhi Malhotra (Independent Lawyer)     14 September 2012

File a case under section 498A against your husband. You can claim maintenance from him under 125 CrPC./

Namrata Agarwal (None)     14 September 2012

but 498A will not take a stand after 1year of my staying away from him...!!! As advised and consulted with other lawyers I understand he'll easily be bailed out of this section as no recent happening are there.

Yes maintenance definitely am going to file here.

What else to beat him back.. so tht atleast he realises that i was silent because i loved him and not because i m weak.

Even i am not working now and going and fighting for all these cases all from ranchi-kolkata is really tough.

please advise.

Saurabh..V (Law Consultant)     14 September 2012



I feel sorry for your state of affairs. I strongly feel that you have a very strong case to deny him the divorce. You have to understand the simple law:


The erring spouse cannot take advantage of his/her own wrong deeds to take divorce.


In your case you were thrown out and despite your efforts you husband didnt agreed to take you back in matrimonial home. Hence now in the court you can state that you are ready to move back to your matrimonial home with a condition that your health and safety would not be an issue.


If the court inquires that why you didnt lodged a case earlier then you can always say that every household quarrel should not be taken to police station so you decided to give you marriage a chance. But your husband is trying to misuse the provision of law and he himself threw you out.


I'm confident that this plea would give you immediate relief from his mentioned endeavor to get divorce.


Now to talk about teaching him a lesson, I have a question. Are you ready to invest 4-5yrs of your life in teaching in a lesson. It is very clear that from the way courts function in our country, even a smallest and easiest case takes around 2-3yrs. You case has been complicated given to the fact about your seperation etc. Take a call on this.


Additionally, you can always claim maintenance from your husband at the court. A husband who refuses to maintain the dependants can be forced to perform his duties by taking orders from the court. The Hindu Marriage Act provides for Interim Maintenance Pendente Lite.


I hope I have answered all your queries. Just remember to engage a good lawyer who can present your case in a better way before the court. Filing false 498a etc., would not help you in anyway.




rajiv_lodha (zz)     14 September 2012

Yes dear!

Forget about filing false dowry harassment cases i.e. 498a.

What are ur aims right now:

1) If u want to save the marriage n seek maint in b/w go n file RCR (Sec 9 HMA). Sec 24 appliaction riding on RCR case wil take care of maint part.

2) If residencential rights are required, file DV act.

kumar sachin (lawyer)     14 September 2012

u can go for maintenance and D V Act

D V act may help u in teachin him a lession and also making him feel your importance and also chances of saving you marriage

Anis (Asst. Manager - Sales)     15 September 2012

Pls don't file 498-A as this will surely end your marriage. File a DV Act case and ask for maintenance and residential right to stay in the shared household. You can also ask for a Protection Order and the Magistrate will pass the order and appoint a Protection Officer. Also challenge the divorce case filed by your husband so that the court does not pass an exparte order against you. but don't mention any false allegations as you will have to give evidence. file a RCR case also.





Anis (Asst. Manager - Sales)     15 September 2012

DV Act case can be filed at your place itself.

sibasish pattanayak (lawyer)     02 October 2012

Namrata, you must have to file case against your hubby at calcutta, then you have to appear at RANCHI court to contest, but on appearing you have to file a TRANSFER PETITION b4 HONOURABLE SUPREME COURT with a prayer to transfer the said JS CASE FROM RANCHI TO CALCUTTA, AND IT IS POSSIBLE TO TRANSFER. You must have to file DV case against them/him at calcutta, please contact with a lawyer in your locality or else. any suggestion , may call me . rtegards, sibasish pattanayak, Advocvate, calcutta. 09874854594 /09477090999 /09231668664.

andz (clerk)     02 October 2012

1-even if it is a GD entry you shall be able to take/obtain the details as it must've happend recently . . . . and what are the reasons for GD entry only and no FIR ??? 2-where were you staying/put up at Ranchi , and was there no prior comunication about your departure to your husband . . . . and have you lodged any missing person complaint or anything ?? and sort of help you sought from P.S & women's commission . . . . . (whatever have you got any ack ?) . . . 3-well if you have allready hired advocate/s then obviously he could've sugested some thing . . . . 4-and hasn't he sugested for DV/along with 498. . . . 5-you want to fight the case from ranchi ??? and your mother's place /your current place of residence is kolkatat ??? and why the change . . . 6-from your querry it is clear that he has not deserted but you left him and went back to your parent's place with your parent's . . . . . regards anand

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