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Author Topic: Want to understand my rights while filing for divorce  (Read 688 times)

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Offline swatiguptha

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Want to understand my rights while filing for divorce
« on: July 16, 2016, 06:31:16 AM »
I got married in November 2016 to a guy in Bangalore. I am from Delhi. Things turned ugly after a month of marriage. My in -laws are money minded and want my complete salary and good gifts from my parents. My parents cant afford it. Before marriage, they were totally different. Also, my husband is in full control of my in -laws and my sister-in-law who lives in USA. Post marriage I came to know his business is not doing well and he is into all kinds of bad habits. His family supports him in all this, he has been away for nights and doesn't go anywhere with me. He is also verbally rude to me and threatened me that he will break the relationship. He is a mumma's boy and his mother is very cunning. I came back to my hometown in march 2016 and they didn't try to sort out issues. Infact my sister-in-law called my husband to USA to avoid Police cases and his parents told him to ask for a divorce. However , when elders sat and threatened them of court case, they agreed to take me back. I am back at my husband's place but i am not happy here. My husband doesn't talk or sits with me. He had bought me back under pressure. I am now planning or a divorce. All my gold jewelry are with my mother in law.
If i file for a divorce in November , will I get alimony or amount from them? Or should i go for a mutual consent one. I personally want to file for a divorce and make them suffer as they lied before marriage and have ruined my life now.
« Last Edit: July 16, 2016, 06:34:13 AM by swatiguptha »

Offline adv.amarnath

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Re: Want to understand my rights while filing for divorce
« Reply #1 on: July 17, 2016, 12:38:07 AM »
Case is not filed for taking revenge rather to get relief from mess. If your marriage is being registered under Special Marriage Act then you have already lost right to file case under the ground of fraud. Now you have only options to file FIR under 498A and Section 125 of Cr. P.C. for maintenance. These are options you have.

You will get maintenance from the date of filing of maintenance case. Lastly you need not to file divorce case. Let your husband file so that you can take advantage.

For further clarification and consultation in details you can contact me on my following details

Amarnath Sanyal
Email -
Mob - 09830303322

Offline advjaibansal

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Re: Want to understand my rights while filing for divorce
« Reply #2 on: July 17, 2016, 07:58:42 PM »
Dear Swati,

Before leaving your matrimonial home, please try and take out all your jewellery from your mother in law. After leaving the matrimonial home its very tuff to get these jewellery and other stuff. You can file for divorce from delhi, from your home place once your shift.

Apart from filing of divorce, you may seek maintenance from him. However if they are ready to settle in terms of divorce then please go for it. Taking revenge or if you try to make them learn a lesson, it may take years to come. You will be wasting valuable time of your life and nothing else. Please settle as it seems they are also ready for divorce and get out of this relation.

jai bansal
Advocate, New Delhi
Supreme Court of India
mobile: 09868566649


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