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Husband file a suit of divorce hm act

(Querist) 08 April 2015 This query is : Resolved 
I WAS MARRIED IN 2009. MY HUSBAND FILED A SUIT OF DIVORCE IN COURT. MY HUSBAND THROWN ME FROM MATRIMONIAL HOUSE WITH MY TWO DAUGHTERS A YEAR BACK. BOTH OF MY DAUGHTERS ARE MINOR AND WITH ME. I AM UNEMPLOYED AND NOW I LIVE WITH MY MOTHER. MY MOTHER IS POOR LADY AND MANAGED ME AND MY DAUGHTERS WITH VERY DIFFICULTY. MY HUSBAND AND THEIR FAMILY MEMBERS USED TO DEMANDED DOWRY FROM VERY BEGINNING OF MY MARRIAGE. HE AND HIS FAMILY MEMBERS ARE NOT HAPPY WITH THE BIRTH OF GIRLS CHILD NOW I WANT TO FILE A COMPLIANT US DV ACT OR I HAVE TO FILE A CASE 498A OF 125 CRPC PLZ TELL ME WHAT DO I DO
PLZ PLZ HELP ME...
SAINATH DEVALLA (Expert) 08 April 2015
Lokesh U R not the actual victim. Any way answering the query, Why don't U all make efforts for patching up the small differences and reunite them, instead of thinking of 498A,DV, 125 etc. I shall comment on legal opinion after I receive reply
lokesh (Querist) 08 April 2015
I am sister of lokesh my name is Meera. My brother lokesh is a law student he advised me to get solution through his mail I'd on this wedsite .
He also said that in this forum I shall get a solution. I am not a working woman. I can't afford the heavy fees of advocates.
Rajendra K Goyal (Expert) 08 April 2015
Consult a local lawyer and proceed. If you are unable to pay professional charges of lawyer explore the possibility of help from free legal aid center.
ajay sethi (Expert) 08 April 2015
file complaint under Dv act . seek right to stay in matrimonial home or alternative accommodation . seek maintenance for your self and 2 daughters
SAINATH DEVALLA (Expert) 08 April 2015
Meeera,

Are UR in laws and husband not ready for mediation, by by say close relatives of both the sides or common friends or family counselors? If what U are saying is true the I would compel U to file PWDVA,498A.

A woman is entitled to maintenance such as husband’s desertion and cruelty.
SAINATH DEVALLA (Expert) 08 April 2015
I would also like to add what Ajay has mentioned.
Devajyoti Barman (Expert) 08 April 2015
It is always advisable to file case for maintenance under PWDV Act since under this Act you can apart from claiming maintenance can apply for one time compensation, residence order , return of stridhan articles etc.
Dr J C Vashista (Expert) 09 April 2015
Very well advised by experts, I agree. However, try to find out actual problem and make efforts to reconcile amicably with the help of elders, friends, counselor etc. before coming to extreme conclusion/ proceeding to divorce, let it be for the sake of minor girls.
SAINATH DEVALLA (Expert) 09 April 2015
Meera,

First make efforts for mediation by third parties, let us hope they would reconcile and bring back U.If U fail, then think of legal process. Thats my sincere advice.
M/s. Y-not legal services (Expert) 09 April 2015
Agree with experts..

Apart from the above advise.. If you are unable to appoint an advocate counsel mean just appear before concern free legal aid authority.. Being as a law student your brother might be aware about it..

Legal aid authority will take care of your case they will appoint an advocate on behalf of you..
Guest (Expert) 09 April 2015
Well advised.
SAINATH DEVALLA (Expert) 09 April 2015
She is still not able to accept the suggestions and opinions given by the experts and proceed for an amicable solution. Meera, the more U tend to extend the query many questions start invading UR brain and hence as an elderly person I suggest U to take a decision on Ur own and proceed further.
T. Kalaiselvan, Advocate (Expert) 11 April 2015
Well advised by experts, having no more to add.


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