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Swetal (Government Officer)     05 April 2012

Working woman can entitle for compensation from her husband?

Good noon, i m working in state government as a officer and my husband is working in central government as a scientist.our marriage is love marriage and just 7 months old. his mother and two elder unmarried sister not accept me till. i faced domestic viloance from them. my mother-in-law and sister-in-law forced my husband to divoeced me otherwise they all do sucide. now a days my husband not leave with me and he wants to divorced with me but i dont want to take divorced with him. what can i do? can i eligible for maintainance ? pls guide me


 50 Replies

Adv. Chandrasekhar (Advocate)     05 April 2012

Just drop the idea of maintenance, as you are a government official and earning decently for your living.  But, your marital rights are being infringed by your mother-in-law and sister-in-law.  This tendency should not be allowed.  So, give a strict warning to your husband that if your mil and sil interference shall not be stopped forthwith, you will be filing a domestic violance case seeking residential rights as well as protection rights.  Also tell him that if you succeed in proving domestic violence, there will be geopardy about his job, because employer will take strict look .  If they will not deter, then take the legal course under DV Act. 

warm regards,

Tejal (house wife)     05 April 2012

Sorry, sweatal I m also putting my query in ur forum.

@Chandu sir.

My relative is also facing the same situation. She has not filed  DV cases yet ,but she wants to file which u have sugested.She also wants to give a warning to her husband regarding this before jump-in the court. but she has not her contact no. & they make conversations by the email only.

"So if she mentioned in her e-mail that she is giving him a time for 4 months to think about to  get seperate residense & not to interfiere her inlaws in her life & not to abbuse her mentally, verbely.otherwise she  is going ot file DV case to get her matrimoneal rights for the Residential order & protection order from the haresments of her inlaws. & also the 125 as they have throughn her from their house before one year.." as she doesnt want to weste money & time of both of them as they dont have any issues between eachother. does it consider as a " Dhamki" . Can husband make any cases against her?& we know that they are not going to file Divorce case against her as they already know they are in fault.But can they file any police complaint against her? as they have a proof of email.

Roshni B.. (For justice and dignity)     05 April 2012

tejal,do u mind posting your queery in a new thread?????

Tejal (house wife)     05 April 2012

@ Roshani

I already posted my thread regarding this issue. But i aksed this question according to Chandu sirs's advise to sweatel. I just wnated to know. It may hep both me & sweatal.so i put my query  to get a clearification from chandu sir.I hope he will answer for his advise given to sweatal.

And also other experts if they can guide on this issue." Giving warning to the husband before filing any cases is consider as "dhamki" or "well wishes"?It is for me & sweatal . I hope she will also want to know the same.

**Victim** (job)     06 April 2012

@ Sam 7 months is still a long time nowadays womens have started to file case against their husbands the very next day after marriage.

Adv. Chandrasekhar (Advocate)     06 April 2012

@tejal madam,

In India there are some laws, which put obligation on the petitioner first to serve legal notice on the opposite party and after giving sufficient time, to approach the court.  e.g. lease disputes, cheque return cases etc.

But in matrimonial disputes, either for divorce, RCR, judicial separation, maintenance etc. or section 498-A cases or DV cases, such notice is not required.  The logic behind this is that all the authorities to resolve/adjudicate  these disputes, first initiate conciliation proceedings.

So, notice is not necessary.  Even then, I suggest of issuing some notice like information on the opposite party before approaching the court.  

Notice need not be dhamki.  it can be drafted in mild language, which would convey the feelings but not give impression of dhamki.  If the wife, in her letter, describes her difficulties parawise due to the attitude of husband and/or his relatives, indicating that these amount to cruelty and request him to resolve these problems by suggesting separate accommodation, this letter cannot be described dhamki.  She can also suggest that her this reasonable request is not met in the given period, she will be constratined to approach the legal authorities to get her grievance redressed.  This also canot be described dhamki.

Finally, to give clear picture:

1.  No need to give legal notice for filing DV case.

2.  If he thinks it is dhamki, then also court will not find fault with such notice and it will not attribute any wrong action on the part of wife.

warm regards,  

kumar101 (clerk)     06 April 2012

@victim not next day but before marriage only cases are being filed Eg: Nisha Sharam(D/o DD sharma) against poor Munish Dalal and Co.

@Swetal --> Adjust or go for divorce. Don't run after courts unless u want to waste ur time and energy

Tejal (house wife)     06 April 2012

@ shweatal ,

I think chandu sir adviced very well. If your husband knew that very well that his family doesnt like you , he should not marry you to suffer from the disliking of his family. He went against his family while marrying you so why he is not suporting you that " She is my choice & i'll never divorce her."

you should not divorce him because of other's interfier in your life.ask about your rights  as a wife with your husband.

**Victim** (job)     06 April 2012

Notice sent by lawyers letterpad is not considered legal.


Perfect advice for you ms swetal

You cant get maintenance to youer husband becouse you a employee of govt. servant & capable to earning her livehood.

But you cant file a case under domestic violance act and demand to live with your husband.

BUT IT SHOULD NOT BE GOOD WAY FOR YOU  Bcoz you have just married and any case filing should be may destroyed your marriage life.

take time and try to sattelement with your husband family. your passions may help you only. Kabhi kabhi jaldbaji mai uthaya gaya ek kadam insaan ko jeevanbher  dukh pahuchata rehta hai. Court Case last stage hai jab koi uppay na reh jayai. Per ismay bhe appkao last mai compromise he karna padega.

Only your passion & love affection can change your husband as well as his family. How you can do this.For know contact

1 Like

Swetal (Government Officer)     09 April 2012


thnx for advice. maine mere husband ko Hindu marraige Act- section 9 ki notice bheji thi aur muje marrage k rights dene ko kaha tha. unho ne meri notice ka answer diya jisme unho ne likha he k vo bhi mere sath rahena chahte he lekin maine unhe legal notice bheji isliye pahele unki mummy meri mummy se meeting karengi baad me settlement karke vo mere pas rahene aayenge. mere advocate ne unke advocate se meeting ki date aur place fix kiya par vaha mere husband aur unki mummy nahi aaye. abtak 4 times meeting ki date aur place fix hua par vo koi nahi aaye. one month time pass ho gaya he. ab me kya karu ?? pls guide me .. thanx... 

Adv. Chandrasekhar (Advocate)     09 April 2012

Ms. Swetal,

I am sorry, i do not agree with the legal course you have taken.  Section 9, i.e., restitution of conjugal rights is a very attractive provision but will not help you.  so, even though you issued notice, but do not file any case under section 9.  The harm that section causes to you is, (1) your husband and in-laws want divorce.  Once you file restitution of conjugal rights(RCR) case and once you win the case, he will not stay with you.  One year after passing of the decree (order) in this case, he will file divorce case on the ground that RCR case has not been executed.  Then he will get divorce.  That is the thing he wants.  (2)  once you file RCR means, that you have condoned all his cruel acts (unki galatiyon ko maaf kar diya).  Then you can never raise any case against him or in-laws against the cruel acts.

As mediation failed and the husband and his mother are pretending they are interested in resuming marriage relationship but in fact not turning up in the meetings, you analyze about them in real sense.  No one can be forced for mediation.

What I suggest you right now is put all your efforts for mediation and having talks through elders of both families.  If you come to definite conclusion, those things will not be materialized, then file a case under Section 125 cr.p.c.  Being a government employee, you will not get maintenance.  But after filing of section 125 case, the court will send you for mediation.  If they willl not turn up for mediation there, then section 125 case goes in your favour and your husband has to pay the amount.  so, there, he will definitely turn up for mediation.  there, you put all your efforts for resumption of harmonious marriage relationship. 

Dear Administrator, Please don't play games by deleting messages / comments .... Its not fair to delete comments without any valid reason ... Let people of India open their eyes to truth |||||. .... . Awareness at the right point can save many families !! Be reasonable Bhai ::::: JAI HIND :::::
1 Like

And what if they turn up for mediation and do not compromise ... You may loose the case too and they can file further cases on you for compensation if u loose ...... Even if u put your best efforts for so called resumption of harmonious marriage relationship after filing court cases on your husband , nothings gonna work for you after involving police / judicial system in ur family life ... Please consult a reasonable elder in your family rather than following impractical advises of lawyers !!! U can only sort out ur issues by giving urself some time and thinking reasonably .... Dont keep $$$$$$ in ur mind b4 making any decision . No matter what ur circumstances are , just be genuine to expect others to be genuine with u ...

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