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Legal rights of separated wife.


25-Jul-2023 (In Family Law)
I was married in November 2015 and my husband ejected me out of his house in January 2016 after a disagreement. I had filed a case with the police about the same in March 2016, but was unable to pursue it further as I became bedridden. I've been living with my aged mother and have been unemployed since 2017. My husband refused to live with me or support me since 2016. After sending him a notice in February 2020 and a police complaint to restore my conjugal rights, my husband filed for rcr in 2021. However, during mediation and later court hearings, he refused to live with me and wanted the matter settled in court. Now he wants to withdraw the case and calling me for out of court settlement. He is unwilling to pay me alimony and refuses to return my jewels and things, claiming he doesn't have them. My husband is also threatening that he'll call the police if I go to his sister's house, where he lives. Can I safely go and stay there without facing problems? What should I do next?
Answers (4)

Answer #1
620 votes
In which court the case was decided? You have to file a court case against him under the Violence Against Women Act, Only then he will not disturb you, Violence Against Women Act is your special law for women and you will surely get a good remedy by using it.
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Advocate Alagappan

Adv. Alagappan

LawRato Chennai | 25+ Answers
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Answer #2
574 votes
Dear client, I need some clarification, can you please answer the following question for better legal solution.... What is the current status of matrimonial rights case ? In 2016, what claims did you make in the notice you sent ? Do you have any proof of the treatments you took? What steps did you take to get your jewelry? Are you taken any steps to get maintenance from your husband?
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Advocate Iyappan. E

Adv. Iyappan. E

LawRatoChennai | 100+ Answers
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Answer #3
640 votes
I got your problem mam don't worry u can very well cast a legal notice and file a suit for maintenance and also divorce if needed but i don't advise for divorce unless u r willing to remarry. u can go to your husband's sister's home and dont worry of filing a case as it is a civil dispute police can't interfere even if they interfere and filed a csr it will greatly help us in the suit for maintenance. so u can very well go to his sister's home and don't allow withdrawal of the case.
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Advocate Adhithyan C

Adv. Adhithyan C

LawRatoCoimbatore | 100+ Answers
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Answer #4
720 votes
As per the new divorce rules in India 2022, the victim, i.e. the wife or the live-in partner, can claim relief under the Protection of Women from Domestic Violence Act, 2005, even if she is not eligible for a claim as per the Criminal Procedure Code.
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Advocate Vijay Sathya

Adv. Vijay Sathya

LawRatoMadurai | 50+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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