Legal Question in Family Law in India

How should i prove?

My husband kept my certificates&gold with him & blackmailed me,somehow with tact i got them back.he tortured me in bedroom &now he is going to my relatives &gives an impression to them,though he wants me&mychild iam avoiding him.All my relatives r asking to have a meeting with him and his relatives.My parents&myself are such anaive persons that we can't argue & cannot give right ans to the points. 'cos of our soft nature only they tortured me.I left all my selfesteem & bared his illtreatment but..Now he is asking for divorse & says to others that he wants me. Iam not knowing how to prove his bad nature. Iam with my parents since 13months. When can he get the conjugal rights?How will it affect me&my child?Iam scared even to stay for a minute with him,he tortured me to that extent. Can i just live my life without giving divorse to him?All my belongings are with him & says he will not give them whom so ever my come. It may not be of much value than 40,000/- but i have emotions attached to them.How can i get my things?can i file a case for my thingswithout applying for divorse?People r asking me to not to go for 498.should i claim for maintenance for kid?How long the case will take?i want peace of mind for my old parents.Please advise


Asked on 1/24/08, 2:18 am

5 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

Re: How should i prove?

You may apply to the court about recovery of your things but its not sure to measure the movement of the court. The best way is that you advice him to take the divorce by mutual consent.

In case of need please contact personally.

Professional charges are applicable.

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Answered on 2/03/08, 4:14 am
G. M. Gupta gmguptaandassociates

Re: How should i prove?

i dont think that advising on this topic on just this much detail is proper. this is a sensitive issue and should be discussed in personal meeting.

anyway for the sake of replying i can say that you can pressurise him for mutual divorce and live as u want to live

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Answered on 1/26/08, 2:54 am

Re: How should i prove?

you must have to take stand and have to fight for your right.so go ahead.firstle take consultation of a good lawyer,he will guide you properly.you have right to file complaint to get your istridhan articles and can also claim your maintainance.However,the period depends upon how the case goes.In case of need consult with details.

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Answered on 1/26/08, 12:10 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: How should i prove?

you can claim maintainence for your child.it is not possible to tell how long the case will take,it may take 2 months or 2yrs.you can apply to the court for getting your things back.

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Answered on 1/24/08, 5:14 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: How should i prove?

There are three things you should immediately do :

(a) Immediately file a report with the police under Sections 498-A and 406 of IPC for cruelty committed on you; and for misappropriation of your belongings/istridhan; you are entitled to return of all your valuables plus everything given to you by your parents and your in-laws; and everything you have saved from the date of marriage till you lived there; all these become part of "istridhan";

(b) you should also file a case for maintenance for yourself as well as for child support; and approach the authorities under Domestic Violence Act;

the law is on your side; you cannot be harassed deprived of your belongings; plus you cannot be deprived of maintnenace and support.

If he seeks divorce, after getting bail in the proposed criminal case under sections 406/498-A IPC, you should insist upon permanent aliminoy under Section 25 of Hindu Marriage Act, at the time of dissolution of marriage; and before that you will be entitled to litigation expenses as also interim maintenance u/s 24 of Hindu Marriage Act.

You should educate yourself about your rights; more particularly under the Domestic Violence Act.

Please feel free to ask any question / information. NO CHARGES.

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Answered on 1/24/08, 7:52 am


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