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DV case filed after husband filed on cruelty
01-Sep-2023 (In Family Law)
My husband has filed divorce case on cruelty.I dont want divorce.After 6 months of his filing I filed DV case asking for right to residence and other reliefs as he forced me to leave matrimonial home.Due to covid no hearing attended till now.We were living in rented apartment but now without informing me they have shifted to other flat owned by FIL.My question is
1)How much time it takes to get right to residence from court - its my Inlaws house but my husband is also residing there.
2)What I can do to defend the case as I dont want divorce.
3)Does Mediation helps in restoration of marraige & when will mediation starts once case is filed.
As you mentioned that you had filed criminal application under the provisions of Domestic Violence Act. There are protection orders such as accommodation and for interim maintenance. As due to covid19 situation court is not taking hearing but will here for interim maintenance.
Helpful?
Adv. Manoj Mulchandani
Nashik | 700+ Answers
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1. Even during this pandemic situation the court is hearing matters. What u have to do for hearing is to convince court as to why it is urgent to listen to u and to pass order.
2. u can contest the divorce in court.
3. At times mediation do play a role.
however, u first need interim reliefs from court, contact me for further guidence.
Helpful?
Adv. Mohd Atik Iqbal
Akola | 900+ Answers
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1) you'll get residence order as early as possible depending upon urgency of your case and your in-laws and husband will not be able to obstruct
2) you have to file section 9 petition i.e. petition for restitution of conjugal rights to defend yourself from divorce
3) mediation is the immediate stage after the case is filed
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Adv. Rohit Shaligram
Pune | 5+ Answers
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