638+ Lawyers are online 
Divorce due to DV, children taken by husband and not returning them
17-Dec-2023 (In Divorce Law)
My sister has been married for 10 years and has 3 daughters. She has been facing cruelty from her husband and in-laws from within 1month of marriage. Till now, she and her husband have both tried to work the marriage after every incident of abuse and now she can't take it anymore. She has been accused of not raising the children properly and the husband has taken away the children. They are not giving back the children now. She has filed a complaint for now on DV, not a registered case on him. Please advise on how to proceed, whether to go for Mutual or Contested Divorce. She has been completely depressed and even reached a point where she wants to see how they end up raising the kids and is ready to file a mutual divorce giving him custody and receiving Alimony for her ordeals these past 10years. Is this possible? How us this seen by the court?
please file a case for maintenance under section 125 and for divorce under section 13 on ground of cruelty, there after when he appears settle the matter on your terms and conditions, like what amount of permanent aliomny and other rights in respect of children and then go for mutual consent divorce if everything looks fine.
Helpful?
Adv. Bharat Narasgouda
Belgaum | 500+ Answers
Chat
Hi... if your sister wish to end the marriage and she don't want to come under the proceedings of the court for long time then both can file for mutual consent by that they can dissolve the marriage by six months and if your sister have any claim she can claim in mediation.
Thank you
Thank you
Helpful?
Adv. Rama Chandra Shenoy
Bangalore | 400+ Answers
CONTACT NOW
Dear sir,
Her husband will come to terms only when your sister files number of cases against him and one day he will pay huge Alimony and close the matter. Claim following reliefs .
PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
A) to take cognizance for the offence punishable u/s 498A IPC and punish Respondent No.1 to 3 as per law and extend police protection to the deponent,
B) Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
C) Pass orders u/s 18, in totality against Respondent No.1 to 3,
D) Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
E) Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent No.1 as he is residing in the house of respondent No. 3, which is legally prohibited,
F) Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent No.1 falsely filed Divorce Petition.
G) The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
H) That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.
Her husband will come to terms only when your sister files number of cases against him and one day he will pay huge Alimony and close the matter. Claim following reliefs .
PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
A) to take cognizance for the offence punishable u/s 498A IPC and punish Respondent No.1 to 3 as per law and extend police protection to the deponent,
B) Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
C) Pass orders u/s 18, in totality against Respondent No.1 to 3,
D) Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
E) Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent No.1 as he is residing in the house of respondent No. 3, which is legally prohibited,
F) Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent No.1 falsely filed Divorce Petition.
G) The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
H) That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.
Helpful?
Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Divorce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
