Legal Question in Family Law in India
hi,
Had to leave my matrimonial house two months back due to immense mental & physical abuse from my husband. Now he has slapped a conjugal rights petition alleging all the wrong reasons. This is his second marriage. He behaved in the same fashion with his first wife resulting case under 498A. Please advise - what course of action will be best for me and what are the pros & cons of conjugal rights petition.
thks
3 Answers from Attorneys
You may seek restoration of your mental peace by filing a case under DVA and also giving a complaint in the local PS about the torture you faced.
first you need to decide whether you want to save the marriage or not. in case you want to go back but with certain conditions, then i would suggest you to let your elders sit together and sort this mess out. is there any child. in case you decide to leave him, then you need to decide whether you want to avenge upon him by making him pay a hefty alimony or, you just want divorce and your stridhan back. get back with all the inputs for a fair advice.
If he is guilty of "cruelty" / domestic violence, he may not succeed in getting a decree for restoration of conjugal rights.
If if he wins, you may have further remedies of appeals.
You are also entitled to pursue your remedy of criminal complaint u/s 498-A and DVA; and may also claim adequate maintenance/compensation.
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