Online Copyright Registration in India

Protect your creative work
Books, Songs, film, websites, Software, painting, fashion Design etc
Call now: 09891244487

Ask Our legal Experts, on issues related to Divorce

File Mutual Consent divorce right away

Call at ph no: 9650499965
Search On:Laws in IndiaLawyers Search

To Appeal before CIC - Central Information Commission
For Filing and Hearing contact: Choudhury's law Office
Ph no: 9873628941

Author Topic: legal Advice needed  (Read 4733 times)

0 Members and 1 Guest are viewing this topic.

Offline ishs23

  • Newlaw
  • *
  • Posts: 19
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
legal Advice needed
« on: October 18, 2013, 12:25:51 AM »
Hi, I am a resident of New Delhi, India. Two months back my husband and I had an argument where he got so abusive and aggressive that he forced me out of the house. Since that day he has cut all his contacts with me and came to meet me just once with a lawyer uncle of his and threatened to divorce me. our's is a love marriage and we got married last year only on 26th October. There have been problems from my inlaws side from day one but I ignored them all for the sake of a happy married life. I have tried to contact my husband through phones texts and emails, as he does not take my call, to ask him to forget the past and start afresh but he does not respond. I do not want a divorce and want to talk out issues, whatever he or I have, and give this marriage a chance to atleast flourish. i love my husband and want to stay with him. Please help me on what can I do to stop my husband from divorcing me or forcing me to do so?
Also since I left the house my husband and his family emptied the entire house and took away all my belongings and are not telling me where my stuff is. How can I get my belongings back? Even though my family tried to contact his and ask them to hand over the house keys so that I could altleast take my stuff, they did not give me he key and kept on saying I can take the stuff back when my husband returns. But it never happened and they ran away with my stuff. Ours was a rented accommodation. Please help me with your advice on the same.

Offline advbose

  • Sr. Legal Expert
  • ****
  • Posts: 142
  • Karma: +2/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: legal Advice needed
« Reply #1 on: October 18, 2013, 04:56:44 AM »
Your husband cannot Divorce you unilaterally, Just as marriage cannot be solemnized unilaterally. So without your wish he is not getting a Divorce, so thats settled.

Now regarding your belongings you have a complete right over it, thats called streedan and no one can take it away from you.

now in this case you want to continue your marriage thats very positive, you should ask the elders in your family to reason with him and solve it amicably.

if that does not happen do let us know, we will guide you for the next possible step.

by the way which city are you from?


Offline ishs23

  • Newlaw
  • *
  • Posts: 19
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: legal Advice needed
« Reply #2 on: October 21, 2013, 01:14:56 AM »
Hi,
I reside in Delhi and currently putting up with my parents. In consent with me, my lawyer has even send my husband and his family a legal notice under the restitution and conjugal rights of Hindu Marriage Act, asking my husband to take me back and not forcing me to seek a legal resort to take matters to the next level. Even though he has not replied to me yet can you suggest me what replies can he give and on what grounds can he refuse to take me back? Can he henceforth also suggest through the letter that he wants a divorce? What if I reply saying I do not want one hence would not grant my consensus for it?

Offline ishs23

  • Newlaw
  • *
  • Posts: 19
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: legal Advice needed
« Reply #3 on: November 06, 2013, 01:17:49 AM »
Someone please reply to my query.

Offline advkkreddy

  • Sr. Legal Expert
  • ****
  • Posts: 146
  • Karma: +5/-3
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: legal Advice needed
« Reply #4 on: November 06, 2013, 07:54:00 PM »
if you do not want a divorce he won't get it that easily, he would have to contest it, that won't be easy.

now why is your husband not taking you back? why did you leave your husband's home

Please note that distance in married life has been the single biggest reason for never coming back together again.

make all efforts to go back, you are still a legally married wife of your husband, you can just walk into your holy matrimony, what are you waiting for?

Do you want some to blow the whistle for you to start your run back to your home?

Champion in law of Torts in India

Offline advjaya

  • Sr. Legal Expert
  • ****
  • Posts: 100
  • Karma: +2/-4
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: legal Advice needed
« Reply #5 on: November 06, 2013, 09:49:43 PM »
Go to your husbands home and start afresh, u don't need legalities to do so
Madras High Court Advocate

Offline ishs23

  • Newlaw
  • *
  • Posts: 19
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: legal Advice needed
« Reply #6 on: November 07, 2013, 05:22:13 AM »
I am not waiting for anyone to blow the whistle to start my run back! If you have not read the query properly then please do it first before using such derogatory way of replying to questions put forward by a person in distress.

My husband and I were staying in a rented accommodation in Delhi as his businesses and my job are positioned here. My husband's paternal home is in Narwana, a village in Haryana, and I cant possibly go stay there leaving behind my job. Since, my husband refused to give me any money post marriage, leaving the job and being a stay at home wife is not an option. I am a copywriter by profession and working in an advertising agency. In Delhi, my husband would most probably be staying at his uncle's place who is a lawyer by profession and the main reason behind the problems which occurred post him throwing me out of the house and vacating our house. No one from his family side, including the parents, have come forward to talk to us despite us trying to reach out to them to arrange for a dialogue. Since my husband refuses to take my calls or reply to any of my message, i am not even sure if he is currently staying in his native village or with his uncle. I can't go stay with him at his uncle's for sure and with my in-laws it seems difficult as they are jats and I feel that to save their honour and reputation from getting maligned in public, they can harm me. 

Offline advabdul

  • Professional legal Expert
  • ***
  • Posts: 99
  • Karma: +3/-1
  • Muslim law Advisor
    • View Profile
Re: legal Advice needed
« Reply #7 on: November 07, 2013, 09:01:18 PM »
If you should report the matter to Caw cell, seek their help in resolving the problems between you and your husband.

mention all your fears from your in laws and about your belongings to them, they will recover that for you.

also mention the interference of the in laws in your married life.

this is the best way to go about it as of now.

do this at once do not delay, time is very crucial in marital life.

the more time passes the more difficult it will be to get your husband back
Advocate Abdul
I am Muslim law Advisor

Offline ishs23

  • Newlaw
  • *
  • Posts: 19
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: legal Advice needed
« Reply #8 on: November 07, 2013, 10:06:39 PM »
Hi,
I have already reported the matter to CAW cell and have my first sitting with them tomorrow. I have submitted them an application listing out all the problems that have cropped into our relation because of the interference of the in-laws, sister, extended family...I just wanted to know what if my husband do not turn up for the meeting? What is the next step I should take? Is there a possibility of him not turning up and instead straight away putting a divorce case against me? How can I protect myself in that case?
Also in my application and the RCR notice I by mistake mentioned the date of my husband throwing me out of the house wrong. Can I amend that during the course of the sitting or filing of the case? Hope it would not have any adverse affect on my case right now as it is just a complaint.

Offline ishs23

  • Newlaw
  • *
  • Posts: 19
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: legal Advice needed
« Reply #9 on: November 12, 2013, 11:42:24 PM »
What is the link about? It does not exist.

I had my meeting session last Saturday. my husband it seems was trying to press cruelty charges against me by saying I did not work in kitchen and that he had recordings of talks that he will produce in court where my family and I have admitted to having kept gold given to me by his family. Though he could not go on pressing false and really inane charges against me as I countered him each time with logical explanations to whatever he said. The IO did ask him what does he want and if he s ready to take me back. He first said that he would have taken me back but now that I have lodged a complaint against him he is scared. the IO then told him to talk with his family and finally come back to him after a week and tell him straight away what does he want. If he takes me back well and good, if he doesn't, a case would now be furthered against him. To this his promptly said he would have no problem taking me back provided I give him in writing that I would live like a normally with him and jazz. The IO has told him to come back with his final decision this weekend.

Does it mean he would agree to take me back or will he come back and say he cant and will instead agree to let whatever case be registered against him? He had come with a lawyer and noted down all the points I used to counter him and quash his lies. It seems all he can use as a defense against me at the moment is cruelty and that too of the lowest order where he said that I did not know how to make chapatis so made him eat rice. Does he have any strong chance against my charges of him throwing me out of the house, deserting me, vacating the house without informing me and running away with my stuff? I have presented all the proofs of his run away act to the IO in his presence.

Offline advabdul

  • Professional legal Expert
  • ***
  • Posts: 99
  • Karma: +3/-1
  • Muslim law Advisor
    • View Profile
Re: legal Advice needed
« Reply #10 on: November 13, 2013, 03:23:04 AM »
see gold or presents received by you from either your parents or from his parents during the time of marriage as gifts are called STREEDAN that is yours no matter what and he cannot question you on that count.

and regarding he taking you back or not we have to see what happens the next date
Advocate Abdul
I am Muslim law Advisor

Offline ishs23

  • Newlaw
  • *
  • Posts: 19
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: legal Advice needed
« Reply #11 on: November 13, 2013, 05:55:16 AM »
Thanks. Would keep you posted on whatever happens in the next meeting.

Offline ishs23

  • Newlaw
  • *
  • Posts: 19
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: legal Advice needed
« Reply #12 on: November 21, 2013, 10:42:29 PM »
Hi, I had my meeting as scheduled. Though nothing concrete came of it, my husband did try to threaten me with going to court for putting a false complaint against him and his family. When I told my IO the same he said I am not threatening her. He is not saying anything in clear terms as in what does he want.

I had told my IO clearly, in front of my husband, that divorce is something I will not give and I want my house and all my belongings and life back to which my husband replied that he could have taken me back but now that a complaint has been registered in his name it is difficult for him and instead he wants me to give in writing that I will not do anything of this sorts again. This was his stand last time but this time he did not say anything clearly. My IO has given him the list of my things that is in his possession and has also asked him to get all my winter clothing with him when he comes for the meeting again on 28th Nov. 

What if he does not bring all my clothes and just few of them? Do I have to accept them or should I return them and tell him I will take it only when he brings all my clothing including wedding saris and suits and other daily wear? What could be my husband's next step? Is he not yet aware that he could get into a deep mess if he continues to behave like this? Can he force me for a divorce?

His lawyer has accompanied him to the two meetings we have had so far. Even though he keeps standing outside the meeting room and does not interfere but none of the family members come. Strange, since the time my husband threw me out and ran away with everything after vacating the house, none of his family has come forward to talk to anyone in my family despite us trying to reach out to them.

Offline ishs23

  • Newlaw
  • *
  • Posts: 19
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: legal Advice needed
« Reply #13 on: November 22, 2013, 12:26:58 AM »
Someone please reply to my query...

Offline ishs23

  • Newlaw
  • *
  • Posts: 19
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: legal Advice needed
« Reply #14 on: November 25, 2013, 04:56:45 AM »
response awaited...

 

File a Consumer Complaint
Property verification
Call: 9873628941
 

Lawyers in India - Listed city wise Mumbai
Bangalore
Pune
Pondicherry
Jaipur
lawyers in London
lawyers in Birmingham
Chennai
Allahabad
Ahmedabad
Jodhpur
Indore
lawyers in Toronto
lawyers in Sydney

Cochin
Lucknow
Ranchi
Thane
Janjgir
lawyers in Milan
Johannesburg

Delhi - New Delhi
Chandigarh
Surat
Nashik
lawyers in New York
los Angeles
Kolkata
Hyderabad
Rajkot
Nagpur
lawyers in Dhaka
lawyers in Dubai

Copyright Registration

Ph no: 9891244487

For Mutual consent Divorce in Delhi - Ph no: 9650499965

Home | Bare Acts | Law Forms | Supreme Court Judgments | Legal Advice | Lawyers | Submit article | Sitemap | Contact Us

legal Service India.com is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2016
Get Free legal Advice here from top notch lawyers in India