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What to do when there is harassment and divorce case filed by husband


02-Aug-2023 (In Family Law)
I m facing a lot of problem .my husband and my in-laws expel me out. I put dv and maintenance on them. They filed for divorce. They cheated me from starting. But I don't want to get divorce I face a lot. now 4 yr complete I get nothing only date pe date and harassment. I have two daughters and I don't understand what to do.
Answers (5)

Answer #1
882 votes
you can not force your husband to live without you. but u can get justified maintenance for u and your daughter's. if district court is taking long time then approach high court to get quick relief. and tine to change fir better lawyer.
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Answer #2
531 votes
Dear owner sorry to hear that , i would like to tell u that in this case u can use legal rights under Hindu Marriage Act, 1955 (Section 9) says If either the husband or the wife, without reasonable excuses, withdraws from the society of the other, the aggrieved party may approach the Court for restitution of conjugal rights.Primarily, the petitioner has the burden to prove that the respondent has left him. When the petitioner successfully proves this, the burden shifts to the respondent to prove there is a reasonable ground to support as to why the respondent went away from the petitioner’s society. yourself can file a petition in the district court. When the court gets satisfied with the aggrieved party’s contentions and when the court finds no reason as to why the aggrieved’s application should not be supported, the court may decree restitution of conjugal rights in the aggrieved party’s favor.
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Answer #3
889 votes
hello
mam the divorce case is pending and therefore you should not opt for divorce and state in your reply that you don't want a divorce.
if the maintenance application is not disposed of by the magistrate or he is not granting you interim maintenance then file an appeal against it before the DJ.
regards
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Answer #4
776 votes
Madam,you have filed cases under DV act and u/s 125 you can lodge FIR u/s 498a IPC against huband .as per your query husband filed case for divorce you cotest it take defence that you don't want divorce what are the grounds of divorce you have not mentioned
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Answer #5
778 votes
Divorce case filed under section 13 of Hindu marriage act is not so easy as every allegation levelled by your husband is to be proved beyond doubt. I don't know on what ground divorce has been filed against you.
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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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