advise

Dear Sandhya,

You are saying that:

....." i got married in july 2009 in arya samaj mandir, marriage was attended by nobody from my husbands side, from my side my guardian was there ."

What is the ' Material Evidence'  you are having in proof of your marriage...??

If you are having any Evidence ......then you can approach to the court of law and file cases against your husband for the following..

(i)  Suit for "Conjugal Rights"...

(ii) Suit for Separate Residence and Maintenance (even though if you are working).

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Further your query is creating some doubts, as you said:

..........he stayed with me till june 09 2009;

........i got married in july 2009 in arya samaj mandir;

.......inbetween he had visited delhi my residence and stayed with me for two three days;

So, it means that after marriage he was with you only for a period of "Two Three Days"..

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

 

As your marriage is of July 2009, your husband can't file a case for "Divorse".

shared household: does it imply in my case as this property may not be under my husbands name. he and his family wants no contact with me which i think they are building proofs for divorce. in all these circumstances what should i do

Let us check out the following grounds of divorce mentioned under the Indian Divorce Act, 1869. Not been seen or heard alive for the period of seven or more years. Failure in observing the restitution of conjugal rights for at least two years. respected all pls clarify why i should file for RCR when the same provide my husband a platform to file for divorce.

sir can i seek maintenance later once my husband starts earning, this would provide some sort of security,medical expenses etc. also the amount for maintenance it ranges from - to

sir i was going through the following file and the points mentioned for divorce are creating problem in my mind like RCR, Maintenance MA, Cohabitation and the other as well.. myself donot want to give divorce as mentioned earlier?? now with that does my husband qualifies these points mentioned in the attached file in due course of years and if so what are these. which marriage act is applicable for punjabi and gujjar. sir if husband refuses to stand by the maintenance amount or one has to stand by the same.

sir i am looking to stay with him and if this is not possible then in that case maintenance maintenance: does he has to stand by the same or say if he says no to it then. secondly maintenance starts after divorce or can i file before divorce also and it continues till when.

dear  sandhya,

before proceeding with legal remedies, try for conciliation through some common friends.

I donot think anyone can protect a "marriage" through court in a real sense.

well ,if you are intending to claim for the damages,please proceed. But,i think, it would be end of your "marriage".

 

disclaimer: Mine is not a legal opinion

·        i got married in july 2009 in arya samaj mandir, marriage was attended by nobody from my husbands side, from my side my guardian was there.

·        Have you possessed the certificate from mandir?

·        i am elder to my husband by 7 yrs my birth year is 1979 and my husbands is 1986.

·        It is not a matter till the cheating case proved against you.

·        my husband since then is not ready to take me to my inlaws residence neither he wants to stay with me as of date.

·        hesty, not clear, what he wants to say & why he is flying from the matrimony. The reason should come out in writing.

·        the background is i and he fell in love in 2007 he was in delhi for a study course and we had a understanding that after the completion of the course he will break the news to his father and we will get married.

·         – it’s a promise which he bounds to keep; recently SC rules out that, failure of such promise is amount to rape

·        in between he wasnt well for quite sometime then we decided that he should move to my appartment and stay with my family. he stayed with me till june 09 2009.

·        Very fine

·        thereafter he went to his residence and spoke with his father about myself, father dint agree to the proposal he still insisted till october 2009.

·        Means he had a difference in opinion with his father on your marriage.

·        inbetween he had visited delhi my residence and stayed with me for two three days.

·        Is it after marriage or before marriage? Whether he established s*x relationship with you?

·        Both of your concent was there? Only his concent was there? Only your concent was there?

·        after oct 2009 situation become worse he last visited me in dec 09 and said i cannot take you to my place rather this relation cannot continue now.

·        It seems to me that you have you compailed him for taking yourself to your in laws, if so you should not do it. Might be your inlaws was strongly oppose such marriage. Naturally he felt problematic to keep the relationship continuing.

·        You have the right to conjugal rights. Social relationship with inlaws does not come under the conjugal rights.

·        now if i try to speak to him his family members dont allow me neither my husbands mobile is on, he keeps it off.

·        Do not speak with him. Approach the court for the next course of action.

·        what should i do and wat kind of justice can i get if i approach court.

·        (i) you may apply for maintenance as he belongs to a big earning family. (ii) you may apply for restitution of conjugal rights, but the problem is – divorce might be an end of such petition. As you marry him he is bound to maintain you, but as he belongs to a rich family which is an Hindu undevided family; having ancestrial property; by virtue of marriage you have the right and share on it. Might be your inlaws trying to deprive you from that property. (iii) may demand residential right, under dv act. (iv) tough to establish 498a – but may try. (v) as his wife you may bring a hevious corpus (at high court) – against your inlaws; as well as the college administration. – under this petition, police will trace & find him from absconding or if he is under the illegal capture of your inlaws, unwillingly. (vi) may brought a rape case; case of illegal s*xual exploitation, by him.

·         he is at present doing his M.Tech still a student and i am working. He is coming from a

·        See (i) & (ii).

·         my inlaws say do whatever you want to do we will reply you back ( they must be having some political connections) my husband and inlaws want divorce which i dnt want to give what should i do pls advise.

·        As they challenging you; you may accept it.

·        my husband was aware of all the situation at my end my age status everything neither we hide anything since he was staying with us for two years. can i ask for Conjunal Rights and if my husband doesnt stand by the same what would be the options left.

·        Very good. Yes ofcourse.

·        am i eligible for maintenance which they will say he is a student. my background is i am the earning member and i belong to a lower middle class family, no bro and sis my father and mother are not working they are in their 65s.

·        yes.

·        i want atleast i should once get a chance to stay with him.

·        Rcr.

·        what all allegations they can file against me. incase my husband file's for a divorce and i donot want to give what are the options left. can i contest the case and for how many yrs the proceedings can go( rough idea).

·        It is better to file your complain at court or at police before his divorce petition.

·         can my inlaws exercise thier political pressure in the case.

·        No use. See s p rathore case. 

·        As you are hindu, married uder hindu marriage act under the hindu marriage act, vide arya samaj mandir, therefore only hindu marriage act will apply. No other act. It is very sure. Wish you good luck. Let us know about your next step.