Legal Question in Family Law in India

my husband obtained an ex-parte divorce decree fron foreign court. my parents gave dowry to my husband and his parents at the time of marraige.but he did not mention it in divorce petition.so the foreign court did not mention about return of dowry articles and distribution of property. I have filed maintainace in indian court for me and my kid.the indian court granted exparte order in maintainace case. But I have not asked the court for the past 3 years maintainace. m my father-in-law has lands which he got it from his father(inherited property). I have already filed a suit challenging the foreign court divorce order in india. It is pending now.

I would like to again file domestic violence case against my husband for the damages.

1. Can I ask past 3 years maintaince as well as the money which i borrowed ( as my husband deserted me and kid ,I have borrowed 5 lakhs from others) in domestic violence petition?

2. can I ask damages as well as property share for my kid in my father-in-law property(inherited property) in DV petition?

3) As my husband and his parents did not return my dowery (cash and gold jewellery) , Can I ask the court to restrain my husband and his parents property till the martial disputed are resolved in domestic violence case?

Please advise me whether i can mention all these things under domestic violence case? or I have to institute diff cases? . what are things can i ask in domestic violence case and what are all the things can I ask in the suit i have filed for challenging the foreign court divorce decree?. do I need to file any other cases?

Kindly advise us?


Asked on 8/11/09, 2:18 pm

1 Answer from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

(1) to (3) Yes.

You may institute an appropriate petition under the H.M.A. or the H.A.M.A. and may file misc applications invoking D.V.A. for the reliefs you are asking.

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Answered on 8/11/09, 6:19 pm


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