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AMS (None)     23 July 2012

Want to return to my matrimony house

Hello to all experts,

I am currently staying away from my husband since Apr 2010. We have a child who was in my custody till Sep 2010. Now my child is with him and we had agreed to file mutual consent divorce (on his insistence). He sent me a draft petition however I refused to sign as it was one-sided and held false allegations on me. I asked him to send a simple petition stating the actual facts. Ever since then (Oct 2010) he is silent. I do not want divorce; can I return back to my matrimony house? They will not allow me in for sure .... so in that case what should I do? Take help of local police station? If YES, when...file a protection report before going home or after they deny me an entry?

If you want to read more on our problem, here is my story:

1) We were friends since 1995 and decided to get married in 2006. We immediately informed our parents (his mom did not like this).
2) Initially I faced a lot of problems --- he would keep touring (on work) and I would stay with my in-laws. My mom-in-law ill-treated me (no physical violence; however a lot of mental stress).
3) I finally shifted to Delhi where my husband would mostly travel and we planned to extend our family. We both were very happy
4) In the eight month of my pregnancy we returned to Mumbai. I was at my mother's place. I delivered a baby girl. We were very happy. My in-laws were happy too
5) Once again i returned to the joint family and this time they really harassed me. I was a working mother and they took full advantage of the situation
6) I told my husband several times taht I will quit the job, however he would refuse stating that it would get diff for me to get back to job if few years pass by.
7) Thing got bad to worse ever since then. My mom-in-law went on brainwashing my husband. Our bond got weaker and weaker. 
8) He started consulting a lawyer since Oct 2010 (I was unaware) and he smartly created an environment where i would leave his house and never return back
9) I returned to my mother's home in Apr 2010 and have been living here till date. I went through a depression treatment (Allopathy + homeopathy + Councelling)
10) I also had to quit my job in Oct 2011 due to my health
11) Now I wish to go back; although I am aware that things will be difficult I want to live with my child and her father. I do not want our child to grow-up with one parent and/ or step parent.
 
I want to save our marriage. What is your advice?


Learning

 3 Replies

Anish Thakur 7018812737 (advocate)     23 July 2012

  1. dear querist,
  2. here you can be in trouble from yours husband and parents in laws side as you are living seprate from your husband  and in laws family since 2010 and its 2012.
  3. your husband can file divorce petition against you taking grounds of dessertion
  4. now you had made your grounds of using dowry ,domestic voilience like favourable laws weaker in your support due to time gap.
  5. yes,you can file maintenance application u/s125 crpc against your husband
  6. you can also file application for your child custody
  7. yes you have full rights on the home of your parents in law that mean your matrimonial home .matrimonial home means where you had lived with your husband and family after marriage.
  8. all above mentioned are your legal rights now
  9. feel free to call.

Adv. Chandrasekhar (Advocate)     23 July 2012

If you and the child are interested to stay with your husband but you apprehend that he and in-laws may not allow you, you can approach the magistrate court for residential rights as well as for maintenance under domestic violence Act;.  As interim relief you get these reliefs within 3 months of filing the DV petition.  The court can put you and the child in the house, where your husband has been living, but it cannot force him to shower affection towards you and the child.  If you feel that your continuous stay near him would change his attitude, you may try for it.  wish you best of luck. 

AMS (None)     23 July 2012

Thank you, Mr. Thakur

Mr. Chandu - Yes, I am hoping that living together may improve things once again! Thanks for your best wishes. Is the magistrate court the same as the family court? Do I have to wait for 3 months after filing my request and only then go to my in-laws?


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