Filing of divorce suit by my daughter(Hindu) under Hindu marriage Act

Question

Filing of divorce suit by my daughter(Hindu) under Hindu marriage Act

12-Nov-2023 (In Divorce Law)

My daughter aged 31, Hindu, is married for 2 years with no issue, Husband and wife were engaged in constant quarrel . Finally, one day he abused her in top of his voice, threw food and clothes on her and asked her to leave his house. Even he called me up over phone and asked me to take my daughter away. Being harassed and humiliated, my daughter left his rented house leaving all her belongings there. Since last 5 months she has been living with us. During this period there was no communication from his side. Seeking advice on the following:n1. should she move Divorce petition first or wait for him to proceed firstn2. How to recover all the furniture, other belonging and gold ornaments gifted by us to groom at the time of marriage. n3. Since no DV complaint/FIR has been lodged so far, can it be done now?n4. Income: His Rs.16L, Her Rs, 13 L. Can she claim alimony/maintenance?n5, He is having a 2BHK flat other than his paternal house, Can she get a house to live after divorce?

Answers (5)

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Adv. Jitender Singh Adv. Jitender Singh

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Advocate Anubhav Kathuria LawRato · Accepted Answer · 2022-11-12T19:05:13+05:30

Answer #2

Hi, We have perused the contents of your query And would advise you to seek a detailed consultation and formulate a strategy going forward. Yes your daughter has certain legal remedies Available And can file a complaint under the domestic violence act wherein she can claim streedhan, compensation etc. Further she can file a complaint under Section 498A IPC as well.

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Adv. Anubhav Kathuria Adv. Anubhav Kathuria

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Advocate D. Khan LawRato · Accepted Answer · 2022-11-14T12:46:53+05:30

Answer #3

You have the following options :- 1. First you need to hire expert advocate 2. Then move 498a complaint if you want to save marriage 3. Thenceforth you must file DV case of reliefs Kindly b in touch with us asap to understand the legalities!

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Adv. D. Khan Adv. D. Khan

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Advocate Sakshi Garg LawRato · Accepted Answer · 2022-11-16T21:26:11+05:30

Answer #4

Hello She can file for dv and also register an FIR under 498A for cruelty. Further she can also file for divorce if she wants to. For further consultation you can visit my office. Regards Adv Sakshi Garg Delhi High Court

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Adv. Sakshi Garg Adv. Sakshi Garg

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Advocate Vivek Chaudhuri LawRato · Accepted Answer · 2022-11-21T02:32:29+05:30

Answer #5

Hi. Sorry, your daughter has had to face this orderal. To answer your questions - 1 - Yes, she can move for a Divorce first. 2 - All the items given during marriage come under stree dhan & can be recovered as soon as your put a case for DV & Maintainance. 3 - Yes, FIR & DV case can be filed. 4 - Yes, she can claim Maintainance. 5 - The house is subject to the negotiation which is done at the time of divorce. For further details you can contact us.

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Adv. Vivek Chaudhuri Adv. Vivek Chaudhuri

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