Legal Question in Family Law in India
Please give answer of all questions and a detailed one. Can my husband get out of this case successfully. I ma living with my parents for last 1.8 yrs..husband filed a divorce petition last year and abondoned ,me. I have filed an FIR and will get my stridhan sooner or later. I do not want divorce so have filed DVA..teh second hearing is on 22/9. My husband and his lawyer have filed a petition that for the last 1 month my hubby is living in rented accomodation and has moved out of my in-laws place due to women cell harrassment. I do not want a divorce and am ready to live with him in a rented accomodation as the matrimonial house is in mother in-laws name., In-laws are very greedy and FIR has been lodged against them and they have got interim bail..stridhan has 2 be recovered this week. I earn 28.5k and husband is earning 42k..can court give orders for me 2 stay with my husband..what if he refuses can he and my in-laws me arrested. Summons are being sent for father-in-law and husband. can they be arrested. can i get maintenance.pls help
3 Answers from Attorneys
if they will not appear then court will issue non bailable warrant and only then they can be arrested.
Court can order to provide you place in your inlaws house with protection or order the husband to bear rented accomodation for you.
the order of residence can be granted in your favour in case your husband is staying in a shared household and in case he is staying in a rented accommodation, you also have a right to stay with him. he cannot refuse u the right to residence and in case he does that, he may be imprisoned.
since your earnings are almost equal to your husband, you may not get any maintenance; however they may suffer criminal prosecution.
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