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Whether i will get my money back from my husband
29-Sep-2023 (In Divorce Law)
My husband filed section 9 against me from Mumbai after 1 month i filed 125 crpc maintenance case from Bareilly.I have 2 months old son that's why i didn't go to attend his hearing .1 year of arrange marriage only.My parents gave 10 lakh cash money but no proof and some gifts.Iam working and husband is working.Whether i will get maintenance for me and my son?nWhether i will get money and gifts back ?nWhen to file interim maintenance?
It is up to you whether you want to live with your husband or not. As far as the money given by your parents during your marriage it can be recovered from your husband by filing a petition in that regard.
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Dr. S. Diraviam Dinesh
Dr. S. Diraviam Dinesh
Chennai | 1000+ Answers
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dear client....
kindly answer the following question for better query clarification....
1.whether you are willing to live with your husband?
2.you have child?
3. whether you are working or not?
4.you have any proof regarding dowry?
5.under section 125 of Cr.p.c you have right to file maintenance petition against your husband... pls collect some documents like salary slip (husband earnings proof)
need furthermore clarification or doubts please call me Advocate E.Iyappan Thank you....
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Adv. Iyappan. E
Adv. Iyappan. E
Chennai | 100+ Answers
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You didn’t mention whether your husband gave the amount as dowry or he gave as a friendly loan to your husband. 125 CrPC is only for maintenance…at the moment u must hire expert advocate to make u understand all the legalities…thanks n b in touch
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Adv. D. Khan
Adv. D. Khan
Delhi | 1000+ Answers
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yes, you can claim maintenance from your husband for yourself and your son.
if you have sufficient proof of payment of money as dowry or other dowry articles then you can file an application to get back the same.
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Adv. Aditi Srivastava
Adv. Aditi Srivastava
Delhi | 25+ Answers
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Dear client
you can break your marriage by obtaining a decree of divorce and further you can take back whatever your family has given to your husband in marriage along with your stridhan. Further his section 9 petition cannot work if you are not willing to go with her.
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Adv. Manoj Kumar Pandey
Adv. Manoj Kumar Pandey
Delhi | 50+ Answers
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Section 9 can be good ground for divorce but your husband must return back the srethana and other money given to your husband during the marriage. It is better to engage an experienced attorney to resolve it. contact us for any further help
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Adv. M Sathish
Adv. M Sathish
Chennai | 50+ Answers
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Your Husband has moved to the Court for Restitution of Conjugal Rights under section 9 of Hindu Marriage Act, and whereas you have moved to the Court under section 125 of Code of Criminal Procedure, 1973 as your husband has refused to maintain you and your minor child.
125 generally is countered by Section 9 in courts because 125 provides that where a person having sufficient means neglects or refuses to maintain his wife unable to maintain herself, or his minor child or his father or mother unable to maintain himself or herself.
In order for you to receive relief under section 125 you need to show to the Court that you despite working are not able to provide for yourself and your Minor child, this is done by way of contents given in your complaint. Even if it is the case that yes you can maintain yourself, still your husband is liable to pay for expenses occurred on account of minor Child.
The law casts greater burden on your husband to prove otherwise.
Coming to your next question i.e. your istridhan articles that inclues your dowry articles can only be recovered through police under section 406 and 491A of the Indian Penal Code.
I would also advice you to go for section 24 of Hindu marriage act and also filling another case under section 12 of protection of women from domestic violence act.
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Adv. Vishal Thakur
Adv. Vishal Thakur
Delhi | 25+ Answers
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आपके पति ने आप के विरुद्ध सेक्शन नाइन फाइल किया है अर्थात वह अपने वैवाहिक संबंधों का पुणे स्थापन करना चाहता है आपके द्वारा सेक्शन 124 crpc aapane Apne husband ke viruddh file Kiya Hai aapko is Section ke antargat Vivah Mein kharch ki Gai Rashi return Nahin Mil payegi, Amount wapas pane ke liye different section ke antargat case lagega Adhik Jankari ke liye aap Mujhse vyaktigat Roop se Sampark kar sakte hain
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Adv. Amardeep Jaiswal
Adv. Amardeep Jaiswal
Jabalpur | 25+ Answers
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Well, you should have at least attended the hearing, it is a different thing, whether you have honoured decision of court or not by choosing to not restore your sexual relations with your Hubby and join him at his place as companion.
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Adv. Pankaj Bajaj
Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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you can but its a diffrent case, along with your 125, its 406.
i hope you have all the details and evidence of your stridhana, only with that you can get, what actually belongs to you.
you have all the rights regardless it is given by your parents or some one els to you.
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Adv. Avinash Goyal
Adv. Avinash Goyal
Bhopal | 50+ Answers
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yes you will get interim maintenance and damages as well all you need is to file 125 crpc and 12 dv act and press it properly In court wherein court will summon your husband.
you may also lodge FIR if the things aren't good between you and your husband that would lead you to mount pressure upon your husband
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Adv. Soni Kashyap
Adv. Soni Kashyap
Lucknow | 25+ Answers
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ap sari proceeding jaha ap rehte hai vahi se hi kar sakte hai saath hi ap unki property ki details nikale unki property mai apna share claim kare apko sec 9 mai Jane ki koi jarurat nahi nhai ap aur apke bache ko usse expensive dena hi padega saath hi ap unke against dowry ki complaint bhi file kara de
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Adv. Vinal Tyagi
Adv. Vinal Tyagi
Ghaziabad | 100+ Answers
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If your husband file a section 9 case against you and you have filled the case of125 crpc and you don't want to appear in the mumbai court then you can file the certified copy of 125 case then the court stopped the hearing of sec 9 and you shall not appear in the court.
for gift back and money you should have to file more cases against him
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Adv. Ankit Saran
Adv. Ankit Saran
Ghaziabad | 400+ Answers
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Hello ma'am, u wanna interim maintenance from ur husband? first u file a section 125 cr.p.c against ur husband. which type job of ur husband? if he earn 50,000/- per month then u prayer for 30,000/- maintenance. Appear every date of case in court. Case of section 9 filed from ur husband is a serious matter because if u not appear in that case, case will be goes in x party. so hire an advocate in Mumbai and send ur wakalatnama with written statement.
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Adv. Asif Khalil
Adv. Asif Khalil
Budaun | 100+ Answers
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Hello...
You can file for maintenance even today itself....
And you will get the relief for you and your son...
your husband will be bound to give your amount...
Kindly call or text for more information...
Thank You
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Adv. Sakshi Jaiswal
Adv. Sakshi Jaiswal
Allahabad | 100+ Answers
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you should file interim maintenance in sec 9 (restitution of conjugal rights ) case and in sec 125 case also burden of proving is on husband whether you are doing job or not but for your children maintenance provisions are perfect so opt for it.
you will get your amount and gifts back .
contact for more details.
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Adv. Saurabh Sahu
Adv. Saurabh Sahu
Jabalpur | 25+ Answers
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Hey sorry to hear what you went through.
Yes, money given by you during marriage time is Stree Dhan. The husband has to give each and every penny back to you as per law.
He would also be required to pay maintainance.
For other details & one on one conversation you can contact us.
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Adv. Vivek Chaudhuri
Adv. Vivek Chaudhuri
Delhi | 25+ Answers
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Yess you can file before counselling or mediation if your husband is not providing you sufficient means for your survival. Mediation can be done after filing also. You can contact on my mobile number for further query
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Adv. Anjali Sharma
Adv. Anjali Sharma
Delhi | 25+ Answers
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okay I understand your questions so now your husband filed RCr case section 9 of hindu marriage act but you don't go. and live with him because your husband harase you right yes it is possible you go to mediation and you clearly tell to. mediater what is your opinion only so with your parents. also. can atend the mediation so do you need any legal help contact me thank you
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Adv. Bhagya C H
Adv. Bhagya C H
Bangalore / Bengaluru | 1000+ Answers
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Dear Madam
You need not attend mediation. Your parents also need not attend. You can divorce case on the ground of menat harassment and claim alimony otherwise it will be believed that you voluntarily deserted him, it will be a problem for you.
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Adv. Kishan Dutt Kalaskar
Adv. Kishan Dutt Kalaskar
Bangalore / Bengaluru | 1000+ Answers
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it is not mandatory to attend mediation and mediator does not to do counselling but you have to Defend the sec . 9 case that he has filed because if he get say order in his favour in this case later on he will file for divorce and show it as your fault.
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Adv. S.K Prabhakar Shetty
Adv. S.K Prabhakar Shetty
Bangalore / Bengaluru | 1000+ Answers
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Yes u can file the case of maintenance before attending Attending counselling of the things are different to each other so you can file case of men tennis in 125 CRPC in family Court or you can get men tennis in domestic violence case in Mahila Court
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Adv. Raj Kumar Solanki
Adv. Raj Kumar Solanki
Delhi | 25+ Answers
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Yes you can file a case for maintenance under section 125 Crpc And claim maintenance. Counselling is a platform for providing An opportunity to the parties to settle their dispute amicably. You are not bound to join.
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Adv. Anubhav Kathuria
Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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Yes you can file an application in a divorce petition which is already pending before the family court or you can file a separate petition for interim maintenance before another court
You have both options
And wife is eligible to get maintenance from husband accordingly
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Adv. Manav Jain
Adv. Manav Jain
Delhi | 25+ Answers
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mediation is successful only if both parties agree to come for some sort of settlement. If you don't agree for settlement then the counselor will send the file back to court to be heard on merits. The mediator cannot take any decisions on behalf of the parties. He can only fecilitate settlement.
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Adv. Sujnaneshwari Shetty
Adv. Sujnaneshwari Shetty
Bangalore / Bengaluru | 25+ Answers
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dear client as per your query I can only suggest that do contest your maintenance case properly and strongly and whatever evidence you have against him give a written statement in section 9 also with all the facts mentioned in detail why you left him custody of child is a different issue when he will file then you can give a proper response to that for future paid consultation please contact us with your relevant documents.
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Adv. Rahul Rathi
Adv. Rahul Rathi
Allahabad | 700+ Answers
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according to custodial law the child custody may vary according to situations on the settlement i.e. joint, physical or in favour you, the court gives the child to them who will better care and having income sources to secure childs future. u should continue yr charges against him, section 9 filed by him is just a safeguard for him, for agreeing that he wants to live with uh.
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Adv. Sheeraz Rais Khan
Adv. Sheeraz Rais Khan
Bijnor | 25+ Answers
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हां आप एक बारी सेटलमेंट करके पूरा पैसा एक साथ मांग सकती हैं अगर आप अपने बच्चे को अपने पास रखना चाहती हैं तो उसका भी खर्चा आपके पति देंगे लेकिन इन सब चीजों को सुनिश्चित करने के लिए आपको प्रॉपर तरीके से कानूनी लड़ाई लड़नी पड़ेगी आपने अभी तक यह नहीं बताया है कि आपने कौन से मुकदमे अपने पति पर कर रखे हैं क्योंकि आपको सही सलाह हम तभी दे पाएंगे जब हमको सारी जानकारी होगी
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Adv. Uzma Afsar
Adv. Uzma Afsar
Lucknow | 50+ Answers
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You can seeks for maintenance you and your kid, then final alimony may be raised. You can also file DV case against them if he was harrassing you. If husband files divorce case...? these are all not mentioned here, come and consult
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Adv. Sharanagouda S. Patil
Adv. Sharanagouda S. Patil
Bangalore / Bengaluru | 200+ Answers
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You can file a dowry case if You have record of 15L given by you as dowry.
For one time settlement you can ask for more keeping in mind all expenses of marriage as well as compensation for mental pain.
In the settlement document mention only as your settlement and don't claim any maintenance or settlement for child as that will become a ground for him to claim custody of the child.
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Adv. Abdul Zahir Shah
Adv. Abdul Zahir Shah
Bangalore / Bengaluru | 100+ Answers
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First of all you can not be forced to accept any one time settlement offer. You may accept or reject the offer made by the husband. 20 Lakh is a meagre amount if you think of your future and child's future also you have given 15 lakh as dowry.
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Adv. Abhishek Kumar Singh
Adv. Abhishek Kumar Singh
Delhi | 25+ Answers
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