What should a wife do if husband's family trying to get rid of her?

549 votes

hi if your inlaws are harassing you then you could file petition for domestic violence and could obtain relief from court and you could contest and oppose the divorce petition and could file for maintenance

Advocate Baddam Aravind Reddy LawRato

556 votes

Since you do not want to give divorce, you can take the following legal steps to protect your rights and challenge the divorce petition: 1. File a Petition for Restitution of Conjugal Rights (RCR) – Section 9 HMA This is a legal action to compel your husband to resume cohabitation and fulfill marital obligations. If your husband refuses to live with you despite the court’s order, it can weaken his divorce case. You can file this petition in your place of residence or where your marriage took place. 2. Contest the Divorce Petition in Court When you receive the divorce notice, file a written objection denying his claims. If the grounds for divorce are false or one-sided, provide counterarguments and evidence in court. Since he abandoned you and sent a divorce petition while being abroad, it shows cruelty and desertion from his side, which can help your case. 3. File Domestic Violence Case Against His Family (Optional) Since you were mentally and physically tortured, you can file a Domestic Violence (DV) case under: Protection of Women from Domestic Violence Act, 2005 Demand residence rights, protection orders, maintenance, and compensation. 4. File for Maintenance (Section 125 CrPC / Section 24 HMA) If you are financially dependent, you can claim interim maintenance while the divorce case is ongoing. Even if your husband is abroad, the court can order him to send financial support. 5. File a Complaint for Illegal Eviction from Your Matrimonial Home Since your husband’s elder brother forced you out, file a complaint in the Women’s Police Station for illegal eviction and domestic abuse. You have the right to reside in your matrimonial home, even if your husband is abroad. What You Should Do Now Immediately file an RCR case to challenge the divorce and bring him back. File objections in court against the divorce petition once you receive notice. If needed, file a domestic violence complaint and demand maintenance. Would you like help in drafting a Restitution of Conjugal Rights petition or a legal reply to the divorce case?

Advocate Mrudhula Jahnavi LawRato