What to do if husband has filled false allegations and filled divorce

My husband filed divorce petition in Panvel Mumbai. He is having an extra marital affair. Post delivery one month he sent me to India to take necessary care from my parents but in the meanwhile he filed for divorced when my daughter was 3 months old. He is not even sending me money for daughter’s expenses. He stays in Qatar and cancelled our visa and insurance. I am not working currently n hv no source of income. He changed his house n now not giving me address. He has put false allegation on me that I physically assault him n that’s the reason he has filed for divorce. I punched him on his shoulder once coz he is torturing us a lot and not taking care of little one. Now he is using that against me that his life is under threat n I’m mentally unstable. In such a case can I still go n stay with him? After his acquisition

Answers (4)

197 votes

Mam my heartly sympathy is with u since u have to undergo such hardships in ur relationship. Mam I would like to advise u that u must take stringent action against ur husband who has bestowed u n ur little daughter. Mam first of all u must file an FIR under section 498IPC at the nearest police station for all all the cruelty u have been subjected to at the hands of ur husband and after doing this u must file a domestic violence case under sec 5 read with sec 18,19 n 20 of Domestic Violence Act 2005 to ensure that ur husband provides u with shelter n monetary benefits so that u can take care of Urself an ur little daughter, u r also at Liberty to file a maintenance claim under section 125 Crpc in order to seek maintenance amount from ur husband. Along with doing all the above mentioned stuff u shall also file a reply/written statement in the divorce petition filed by your husband at family court. Mam if u r not a resident of Maharastra then u can also file a transfer petition in Supreme Court to get this case transferred in ur home state/ home town.

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151 votes

As per your query i will be difficult for you to stay with your husband. Even if you think you can file criminal case against him and also file domestic voilence as well as maintanence case against him.

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123 votes

Madam, your case seems to be very sensitive. And any one need to take it up with utmost care. So far as legal guidance is concerned you may also approach the court of law under various laws like DV Act, and also can file complaints to police for protection and maintenance of your and your daughter's. There are several remedies available to you but you should visit us personally so that we can help you in best possible way. Rest be assured.

141 votes

Look it appears you are victim of fraud .As far as maintainance is concerned if you are a educated lady fit and able you will not get maintainance however you are entitled to litigation expense You have not mensation wether you are getting the expense you are also entitled to get expense for your child.
So far as false allegations are concerned they will fall flat in the court of law.question is will you like to continue with such a bad person.

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