Need help in divorce and maintenance

His lawyer cannot remove his parents' name from the case on his will. A lawyer has to satisfy the Magistrate that there are sufficient grounds which show the charges inflicted against the accused person(s) are groundless, to release the accused person(s). If his parents' names have been removed from the chargesheet/case, then his advocate might have proved the charges to be groundless. Your advocate can argue against his parents' release from the case.

If they are not attending the hearings of the DV case, then you can apply for ex-parte decision of the case.

You can also apply for recovery of 'Stridhan' with the case of maintenance under Section 125 CrPC, because whatever movable/immovable property a woman receives during or after marriage, becomes Stridhan and she becomes the sole owner of it. The amount of ten lakhs and the five hundred grams gold can come under the head 'Stridhan'.

There is no such thing as 'immediate maintenance' but during the pendency of proceedings you can apply for maintenance pendente-lite (maintenance during pendency of trial).

It is misconception to think that not earning is the ground for getting maintenance, there is wide difference between 'not earning' and 'cannot earn'. In your case you are not earning at your own will but you are not unable to earn. You should show that even if you earn, your earnings won't be sufficient for your livelihood. But still the maintenance will be decided after hearing both parties.

@Purnima,

                 You have every right to claim back your stridhan and can also seek compensation from your husband for the domestic violence caused to you. If the other party is not appearing, you can still take necessary steps to conclude the case as per the stage of the case. Talk to your lawyer in this regard.

                 However, one thing I would like to suggest is that, not working deliberately when you can, with the only motive that you will be able to get maintainance from your husband is not a wise idea. You are well qualified and can get a good job of decent earning. At this time, in this troublesome phase of your life, if you need anything most is the confidence and financial independence that would come from your own working and earning.  So stand up for yourself and support yourself. As far as the domestic violence caused to you is concerned, you are at liberty to persue the s. 498A and DV cases in this regard.

impotancy and perverse s*xual behavioru is re3levant factor in matrimonial dicosrd.

Remaining things I will agree with Ms Archana

A lady claim to be victim of domestic violence came to advise to forum and   aspersions are being cast on her bringing up.

Purnima @ Well, just be aware about the following consequences before you charge your husband with false allegations -

1) He can counter 498a Dowry Demand with DPA 12B - He can request his lawyer to charge you and your parents under dowry prohibition act, 1961 - Section 12B. Here are the extracts from website (https://wcd.nic.in/dowryprohibitionact.htm) -

Penalty for giving or taking dowry.-(1) If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment for a term which shall not be less than five years, and with the fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more.

As you agreed that it's dowry so it can't be claimed as "stridhan"; you've to produce legal proof for it. It will not end here, incase your parents are/were government employee, he can setup an enquiry stating that to explain 50+ lakhs income in a single financial year.

2) He can filed Tax Evision Petition (TEP) in Income Tax Office for undeclared income - He can file Tax Evision Petition (TEP) and asked income tax department to conduct raid under section 68, 69, 69A, 69B, 69C & 69D under Income Tax Act of 1961.

3) He can filed RTI - First Appeal, Second Appeal, Public Grievence Appeal on TEP - Income Tax department has to give the proper response on TEP. In such cases, girls are lucky but few are unfortunate one as well.

4) If your parents are/were government employees - He can file an application in their office/s and possibly request to stop pension and suspension for giving dowry.

5) No maintenance to well qualified and capable wife - If you are looking forward for some handsome alimony by not working then I would say start working as there were number of cases of same class and so, high court has already passed an order that there is no maintenance to well qualified and capable wife.  You would probably like to refer the following link - 

https://498amisuse.wordpress.com/2010/12/01/no-maintenance-to-well-qualified-and-capable-wife/

I would not disagree that if you start working and there is a significant difference between his salary and your salary then 1/3 of total difference between your salary and his salary would be given to you. Not more than than. Sorry for bringing the bad news for you but just wanted to aware you about your actions.

6) DV case are mostly countered with Divorce petition - If they've not filed the divorce case againist the DV case then better try to negotiate on a justified amount.

Mango 

@Purnima,

What to do to add his parents' names in 498a case and what to do to regain my assets and maintenance money.? 

Please be noted that, the Hon'ble Supreme Court, recently his judgment held utmost care and intelligence should be shown before including the name of the family member of husband.A lawyer has to satisfy the Magistrate that there are sufficient grounds which show the charges inflicted against the family members of husband. 

You can certainly file a case u/s 406 IPC  (Criminal Breach of Trust) for your Istridha, and you can also take a recourse u/s 125 of Crpc for maintenance. 

Kindly be advised- not working deliberately when you can, with the only ulterior motive that you will be able to get maintenance from your husband is not a wise idea. I would suggest trying to get a good job for your peaceful life.

Thanks

Naveen Kr. Shelar

Advocate and legal Consultant