Legal procedure for divorce & to claim maintenance

I married on 8feb 2017.hindu ..married according to hindu marriage act.husband is a govt employee in ntpc executive posted in law home is indore.husband doesnt want to keep me with him instead he married me to be at village with his parents as servant.differnces grew up and i had to return to kanpur with my mother.he filed section 9 in just 5 days and asked me to stay at village if i want to save marriage otherwise he will file section 13 contested divorce after 8th feb (one year of marriage).he is not ready to keep me with him in his service accomodation. Let me know what can i do with this case further can i bring the case from indore to kanpur n how long will it stretch n interim maintenence in my case

Answers (5)

84 votes

now you can file complain case showing cruelty with you, if any whether mental or physical against opposite party in kanpur where you are currently residing and you can also file a petition for maintenance in kanpur against opposite party.

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334 votes

You must immediately file divorce petition at Kanpur along with complaint under section 125 crpc for maintenance. Additionally you should also file a criminal case under section 498a, 504 and 506 of IPC and 3/4 DP act. You can also file a complaint under dimestic violence act directly to the court. You should have acted upon immediately instead of sitting idle and waiting action by your husband.

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308 votes

Hi, he can't file the case under sec. 13 until he has no valid ground, if he files the case you can contest it very easly, and farmost important you send him reply of his legal notice stating it's a cruelty on you, if he is not keeping you with him, and you can start legal proceedings for restoration under sec. 9.

327 votes

I think by u/s 9 and 13 of Hindu marriage act he is blackmailing you.
If you think so,first of all you should lodge the FIR against your husband and his family for demanding dowry and quarrel with you and your family in your native place and initiate the proceedings of section 125 of C.rpc for maintenance.

327 votes

On the basis of Cruelty you can file Divorce petition in your near by Family Court. Separately file for maintenance or permanent settlement. Kindly consult with an Advocate as soon as possible personally.

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