Help me in divorce case

as per as maintenance is concerned, u r not entitled for maintenance as u r earning Rs. 26, 000/- and he is earning Rs. 30, 000/- moreover, ur kids are also with him. Better to file domestic violence while claiming residence rights. For further clarifications  u can call me at 9871158578

I have no excuses to make. And for what? 

I still am of the opinion that a DV case can be filed and residential relief would be asked. And this is what my replies have been indicating. The issue with the lady is residential issue, no where she has mentioned that she needs maintenance. And under DV act she can seek relief for residence. 

Offensive words and personal advices can be used by anyone and so much easier to do it than to desist from it. However, it depends from person to person how they are habituated to comment. 

I am waiting for other advocates' opinions to appear, 

Thanks Rakhiji for yours. Yes, better to file a domestic violence case...

rakhi is misguiding u in the present scenario . you cannot get any relief under domestic violence act . only wastage of time and definitely your lawyer will get financial relief in dv case . if u want to harass urself and ur husband both and waste time and money use dv act.

better option will be

1. sit with ur hubby in presence of family members and reconcile.

2. file Mutual Consent Divorce .

court cases only benefit lawyers and harm clients. do not use our judicial system unless it is inevitable.

it is as rotten as any govt. dept. can be expected to be.

this is my personal opinion , for legal misguidance in the given circumstances call rakhi on cell and get rakhi ka insaaf.

RG,

after going from one branch to another ,,You are still to let this forum know that why you feel DV is applicable.

 You have been writing time and again that people are writing offensive words against you. By the way what are they?. Or have you been brianwashed to write then everytime as you have been brainwashed to toe a line irresprective of the truth.

If you are feelig that your arguments are being written  'false' and 'Stupid'  - grow up. If the arguments are stupid and false they will be called so.. as it is done in any  other  discussion.

STOP complaining like first grader .....  'MAd'M  RAHUL is looking at me' 

I agree with Avnish Kaur view saying that you cannot get any relief under domestic violence act . only wastage of time and definitely your lawyer will get financial relief in dv case .

@a  Follow the advise given by avnish kaur .

i also agree with kushal, and kaur .

YES,You can file Dv case inserting the section of 19. Residence orders of dv act 2005.

But it takes pressure on husband (that is sure )and  costly fees(paying fees to advocate) and wasting of time as it takes 8 to 1 year .Test your strength if you like to file it.

Look i dont recommend but if you take a decision then file Dv case.Opposite adv.also take a plea that she is earning 26000 the judge has to decide whether to give relief or not.

Personally i feels that husband should provide a shelter.But from the experiences from the courts cases its too difficult to get remedy as lookind to your case status.i hope you Enjoy every moment you have! Because in life, there are no rewinds, only flasshbacks. Make sure it's all worth it!

Current status given by a

In my kind of Govt job, I cant get Govt flats

His salary- 30000 mine--26000, daughter is wid him

No gf in the matter till now, he feels fed up in disturbed relationship

Can Sec125 be filed even if I am earning from Govt job

Main problem is -- where to stay put. Parents place is far away. At in-laws city, it will be difficult to stay alone.

19. Residence orders.

(f) directing the respondent to secure same level of alternate accommodation for the aggrieved
person as enjoyed by her in the shared household or to pay rent for the same, if the
circumstances so require:
 
Provided that no order under clause (b) shall be passed against any person who is a woman.

(b) directing the respondent to remove himself from the shared household;

For free legal aid,  please contact either lawyers' collective or Human rights law network. I do not know which city you are based in, or else I would have sent you contact numbers of their city chapters. Find out about other women's organisations who work on women's rights issues. 

Nothing is as difficult as it seems to be. Even otherwise the insecurities and metal agony that you are going through would take a toll on your emotional health. You are in a job, so concentrate on your work and at the same time fight for your rights. If you fight for your right, at the end of the day, you will yourself in a positive light and would be more confident about yourself. As far as I gather from your posting, your husband is in no mood to reconcile and bent on getting a divorce. If you still think reconciliation is possible, try by all means, but if you think it is not ( you are the best judge of your situation), then go in for DV  case through the organisations who are willing to offer you free or at a nominal cost legal aid.

All the best...

The views of Ms.Avinash Kaur and Mr.Avinash are reasoable

The suggestions of Ms.Renuka seems unreasonable without knowing the actual problem in the husband and wife.

Try to reconcile with the husband instead of filing flase cases.

Hello!

Thanks everybody for showing concern.

I got chance to meet a lawyer also. He also suggested DV Act. Keeping in mind taht there are many black horses in the profession, I personally collected weak points/ fears in DV:

1. I fear that by filing DV case, husband may turn more away from any possible reconsilation thereafter.

2. Thro' DV Act, is it possible that I may get chance to live in FIL house where hubby is presently living with child. He has smartly taken one room accomodation on rent too in his name in a separate colony to pretend that he is not living with his father.

3. My salary is 26k, but d/t lack of any safe place to live, I am presently out of job, not getting any salary from the deptt. All they have accomodated me is that the deptt has not terminated me yet, my job sustains til i am able to join.

4. S'body from our side talked to husband. He says that -- "I have filed for div & living separately too. My case may succeed/linger on or fail. Even a maintenence may be imposed. But no law on earth makes me to live with her under one roof. So I am practically divorced & will remain so even if wife goes on endlessly for litigations."

Is it so in Indian law ??

If husband is pleading cruelty, does DV act bar restoration of lady in his house-hold?

Thanks in advance

As per my view if you/husband  don't want to have cordial relations then therir is no point in staying in the house of husband as it will create unrest bor all of you and you willnot get peace.

Suppose if you had not married what you would have done best for your stay is the best option.

I still advise to resolve the issues with the husband and stay peacefully with him.