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Want are my rights against my cruel husband?
15-Jun-2023 (In Divorce Law)
I left my husband home with 20 days old daughter one year back since my mother in law and husband used to scold me and my parents. my husband had an affair and he used to spend money I earned using my credit cards. he does not supported me in anyway after my child birth financially. he wants me to come back to his home but i dont want to live with his parents.what proof do i need to file a case or can they file case against me if i shift city with new job now without filing a case. i earn better than my husband in this case what are my rights as a woman?
As per law you have following rights:
- you can file a police compaliant and subsequently proceed with a case under section 498A.
- you can file a case under domestic violence seeking right to residence and compensation for mental harrassment.
- file a case under section 497 (adultery)
- you can file a case under section 125 CRPC (maintenance)( however since you are working so , you may not be awarded maintenance)
- In case you intend to file divorce you can do the same by filing divorce petition under Section13(1) of Hindu Marriage Act ( assuming you are a Hindu) on the grounds of cruelty. This procedure is longer and time consuming, so the other option available with you is to file mutual consent divorce under Section 13 B of Hindu Marriage Act thereby seeking divorce on mutual terms and condition. A joint petition signed by both parties is filed in court under said section. In the first motion statement of both parties are recorded and then signed on paper before the Hon'ble Court.The 6 month period is given for reconciliation, (the hon'ble court gives a chance to the couple to change their mind)
6 months after the first motion or at the end of the reconcile period if both parties still don't agree to come together. Then the parties may appear for the second motion for the final hearing.Finally Divorce decree will be granted as the Hon'ble Court may deem fit. This process of divorce is faster and less time consuming
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Adv. Sudershani Ray
Delhi | 200+ Answers
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