Near divorce
Querist :
Anonymous
(Querist) 15 December 2011
This query is : Resolved
Dear Experts sir,
I got married on 11/5/2011as per Hindu marriage customs Agra. I stayed in my matrimonial home for period of 4 months with three intervals. On 10th Aug2011 When I reached my home.
After two week I received a summon from family court stating that section 9 (restitution of conjugal rights) is filed against you by your husband so you are required to present in court at 1100 am on 19/11/2011.
In the first week of November again pressure was build up on me and my parents for divorce on mutual consent. He got success in that being local. Partially he handed over stridhan without jewelries. He forcibly got signed mutual agreement on notary mentioning both parties will not file any sort of case or any sort of claim against any one and today onwards both will live separately along with signatures of local witnesses.
On the bases of notary mutual agreement paper he has withdrawn his case of section 9(restitution of conjugal rights) unwillingly we have accepted all this otherwise he may harm to me and my family lives. All this happened so fast we can not imagine. Our family is passing through shock. He said to us to appear in family court for moving mutually application for decree of divorce. We have not gone to attend family court.
Now it is not possible to continue relationship. On divorce I should get any maintenance or not.
Please suggest me for further course of action which is suitable for me at this point of time.
V R SHROFF
(Expert) 15 December 2011
Any writing on stamp paper and Notary is illegal. Not binding on you. The Notary as well as Advocate will go in Jail, once you complaint against your husband, and adv, notary. They are under instruction not to draft and allow execution of such Divorce .
You are always entitled to maintenance, residence; now and even after Divorce,
Now you send Legal Notice, for illegally forcibly obtaining Divorce Deed, and not maintaining you, throwing you on street. It attract DV,
Adv Shroff
15-12-2011
Shonee Kapoor
(Expert) 15 December 2011
Nothing can defeat your claim of maintenance.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 15 December 2011
You both are still husband and wife in the eyes of law and your relationship is intact as on day. You can not only file for maintenance allowance but can also file a strong criminal case against him for doing a fraud with you. DV case can also be filed. Your family should come out of shock as nothing wrong has happened with you and only your inlaws have been exposed before law and society.
