divorce

DEAR LATHA,

" now my hubby sent me divoce" 

What do you mean by this ? 

i) Is it a LEGAL NOTICE ?

ii) Or a SUMMON in the Court Case For Divorce?

iii) When You filed a Case U/D.V.Act for Maintenance and Residence ?

iv) Can You mentioned the Dates for the above items ?

v) Where is Your husband now staying, in India or at Dubai?

Hi Latha?

may be or may not be,  because the case is still pending in the Hon'ble Court.

You and your baby have right to claim for maintenance and residenace, you will, but you have to prove that you dont have any source for your life. If you you woking some where your hubby aslo has right to claim for maintenance.

sanjeev desai

sir,

NOW MY HUBBY IS RESIDING IN INDIA

10.10.2008 - GIVEN PETITIION UNDER D.V ACT

16.07.2008 HUBBY FILED DIVORCE

AFTER MARRIAGE I STAYED IN MY FATHER IN LAW HOUSE WITH MY HUBBY.

I GOT CONCEIVED IN THAT HOME ONLY,THEN AFTER 2MONTHS HE SHIFTED HOME TO NEXT STREET OF FATHER IN LAW HOME FOR SEPERATE FROM HIS FATHER,THEN HE USE TO BEAT ME WHEN I WAS PREGNANT,AND HE THROW ME OUT ON 2006 SEP 05TH

SIR PLEASE HELP ME

well Mr. Desai is quite right.

if u r not in position to arrange some lawyer then u may pls mention ur city of residence so that we could make some arrangement for u from this website.

since the papers are not in front of us so it ll be better if any one of us could help u after seeing the papers....u may also c the list of lawyers for various cities from the home page of this website.

If the facts are as you said, your husband will not get divorce.  Now, the question is what do you want?  Either divorce, restitution of conjugal rights (means you want to go back and stay with him) or judicial separation (means you can stay away from your cruel husband and also not take divorce).  In the given facts and circumstances, as explained by you, you will get whatever relief you want.  Under the "protection of women from Domestic violence Act", you have got several relief, i.e., even a shared household in your husband's residence along with physical protection from your husband's beatings.  What you require is a sensitive advocate in your local area to understand your problem and take appropriate steps as the remedy in the domestic violence act is quicker.

Hope you get a relief. 

Prabhakar karlprabhakar@gmail.com

(M)9958670740

1) You have to file a conjugal right application along with maintenace application,

2) when arguments are close, court belive that the sufficiant reason is existance, then the hon'ble court  ordering for maintenance otherwise not?

3) thereis no time limit, approximately 2  yrs,  court found the sufficiant reason to divorce.

4) that house is owned by your father in law, so you have to stay with ur hubby house where he residing not that house. 

DEAR LATHA,

WITH CONCERNED TO DIVORCE CASE:

i) As Per You, if your Hubby, sent you to your parent's home in the Month of Sep 2006, on 5th OR he throw you out of his home on the same day.

ii) and he filed a case For divorce, on the ground of DESSERTION by you on 16-07-2008,

THEN HE FILED THE CASE OF DIVORCE, WITHIN THE PERIOD OF ITS LIMITATION,  i.e. AFTER COMPLETITION OF TWO (2) YEARS.

But, he can't prove that, you have Desserted him:

i) as you had several times asked him to take you back;

ii) Visited parent's (in-law's) home to join there;

iii) Filed complaint before the Police, with a demand to help asked your husband to take back with the intention only to join him;

As per me, The Hon'ble Court may not grant DIVORCE in Your husband's Case, as he can't prove that: you have desserted him for a period of Two (2) Years.

So, Dear Latha, ENTIRE CASE is you hand, you can prove that, you didnot desserted him at any point:

i) If you already engaged a Lawyer in the above Divorce case after getting Notice, ask him Or otherwise dicusse with the Lawyer on the following points;

ii) The Hospital Documents, Medical Bills, during Pregnancy Period, Delivery Records and pertaining to your  KID; 

iii) Complaint filed by you before the Police Commissioner and its Result;

iv) Further, ask him to file all the above Two(2) documents in proof of you case, that you neither your desserted your hubby, nor you yourself come to your parents;

v) To get the Attested Copy of the Complaint, which you filed before the police Comissioner, if you are having any endorsment on your copy, or any acknowledgment about the complaint i will suffice;  

   So, Latha if you do home work as above the success will be in your hand, he can't get favourable order of Divorce.

  WITH CONCERNED TO D.V. CASE:

If you filed the above case in person do one thing appoint a Lawyer on behalf you, or otherwise ask your Lawyer to file and INTERIM APPLICATION for grant of INTERIM MAINTENANCE, while pending the Main Application. 

You can get immediate relief for Maintenance to you, as well to you kid/s, in the Same DV Case.

If can't file ask Your Lawyer to file another Petition U/S. 125 of Cr.P.c for Maintenance along with Interim Application.  You can immediate relief on the same day.

If after order, your hubby won't pay, you can get "ATTACHMENT" of his Salary.  The Bank Officer himself deduct the salary as per the orders and sent it to you or to court for you.          

As u say that dv. case is pendingso go for sec.24 of H.M.Act, and sec.125 for your baby

I do agree with all my friends' opinion. First of all u should file a case of Restitution of conjugal rights & maintainenace petititon. Alongwith that u can file a criminal cmplaint with Women cell of the area. Will u plz. tell where do u reside in India n where ur husband is residing?

For further querries & any type of help u can contact me at: rakhibudhiraja@gmail.com

mb.-9711364956

Off.-Budhiraja & Associates

Legal Advisors & Solocitors

DELHI HIGH COURT

253, Aggarwal Shopping Complex, CD-Block, Pitampura, Delhi-110088

Dear All,

I have some doubts,

1) my problem happened in sep’2006 – still continuing …..

2)but d.v act came into force in oct ‘ 2006

d.v act has no restrospective effect , so am I eligible to file case under d.v act?

I JUST KNOW THE PLACE WHERE MY HUSBAND WORK,DESIGNATION,SALARY AMOUNT,BUT I DONT KNOW THE SALARY OF HIM.HOW CAN I PROOVE THAT TO GET MAINTENANCE FOR MY KID?

sorry there is word mistake in my previous post

i know the salary amount of my hubby , but i dont have the payslip of him , so what to do then to proove his salary to get maintenance for my kid?

RCR filing will end in divorce if hubby wont accept to rejoin me , is that right?

that's why i didnt go for RCR

You should have to proove that your hubby getting so and so sallary, then you will get maintenance for your kid.

you are right, Your husband not accepting you that will convert divorce.

sanj