Advocate Gurudev Mallah

Questions Answered by Advocate Gurudev Mallah (25+ answers)

Q: guidance for SCC case against husband.

Had lodged an FIR against my husband in May 2023 after tolerating his nuisance and atrocities on me and my children. Complaint was also posted in National Commission of Women, Delhi by me in 2023. In Sept 2024, he received a notification from district court to appear but he did not., for next 2 dates till now he remained absent. In the meanwhile, he forces me to comeback but shows no change in his behaviour. He deposits some amount of money as per his whims. What should I do to patch up

Advocate Gurudev Mallah answered
If you truly want to patch up, your safety and well-being should come first. Since your husband has ignored multiple court summons, you can inform the court and request ex-parte proceedings. However, if reconciliation is your goal, you should only consider returning if he agrees to mediation or family counseling and shows genuine change in behavior. For financial security, instead of depending on his whims, you should file a maintenance petition under Section 125 CrPC to ensure regular payments. And before taking any step toward reconciliation, I strongly suggest having a legally binding settlement or written assurance from him regarding his behavior and financial responsibility. If he continues his past behavior, you must proceed legally to protect yourself and your children.

Q: wife is staying at matrimonial home and husband and his parents are s

wife is staying at matrimonial home and husband and his parents are staying at rented home because of wifes harassment can husband put criminal case in jmfc court against wife for her incidences will husband get benefit in divorce n removing her from homeHusband has put contested divorce

Advocate Gurudev Mallah answered
Yes, the husband can file a criminal case against his wife in the JMFC court if he is facing harassment. He can lodge a complaint under relevant IPC sections such as 498A (cruelty), 506 (criminal intimidation), and 323 (causing hurt) if there is evidence of mistreatment. If the wife has filed false allegations, he can also seek quashing of cases under Section 482 CrPC in the High Court. Since he has already filed a contested divorce, proving cruelty will strengthen his case under Section 13(1)(ia) of the Hindu Marriage Act. If harassment is proven, the court may grant divorce in his favor. Regarding eviction, if the matrimonial home is self-acquired or rented in the husband's or his parents' name, they can file an injunction suit under Section 39 of the Specific Relief Act to restrain her. However, if the house is ancestral or co-owned, she has a right to residence under Section 17 of the DV Act, making removal difficult. So in last the husband can file a civil eviction suit or even a counter-case under the DV Act citing mental cruelty. Proper legal action backed by evidence can help him in both the criminal and divorce proceedings.