Married for 6 yrs now
3 years ago
Hi, I am married for 6 yrs now ....got ibto marriage on March. 2014 to dec 2016 was staying at my in laws place, due to continous domestic violence and torcher i left d house as they kicked me out calling my parents after using all my money
I need a divorce and my money back, pls suggest.
Anjana Rana
Responded 3 years ago
A.Before filing a divorce case think over it twice. Try your level best to manage the situation. Talk to your elders or other relatives whom you can trust and set a proper family meeting of both side. Talk to them and try to settle the dispute with their advice.
However, if you feel that divorce is the only way to live a peaceful life you can file a divorce case by two ways:-
• One is mutual consent divorce. If both of you (husband and wife) are ready to dissolve your marriage present a joint petition in appropriate family court for dissolution of marriage for a decree of divorce. It nearly takes about 18 to 24 months in getting divorce.
• Second is contested divorce. If your husband is not ready to get a divorce you have full liberty to file a petition for divorce. It nearly takes about 3 to 5 years in getting divorce.
In either of cases you consult the lawyer of your local area.
You have not clearly mentioned about money. Whether it was a gift or whether it was your savings from your own earning. Well, in both the cases you have the absolute right over such money, you can claim over it and your in laws are bound to return it. If they refuse to return it they are liable for punishment under law. Keep proper evidences of it, like details of separate account in your name for your earnings, any record of bank accounts and the investments made out from such money etc.
However, if you feel that divorce is the only way to live a peaceful life you can file a divorce case by two ways:-
• One is mutual consent divorce. If both of you (husband and wife) are ready to dissolve your marriage present a joint petition in appropriate family court for dissolution of marriage for a decree of divorce. It nearly takes about 18 to 24 months in getting divorce.
• Second is contested divorce. If your husband is not ready to get a divorce you have full liberty to file a petition for divorce. It nearly takes about 3 to 5 years in getting divorce.
In either of cases you consult the lawyer of your local area.
You have not clearly mentioned about money. Whether it was a gift or whether it was your savings from your own earning. Well, in both the cases you have the absolute right over such money, you can claim over it and your in laws are bound to return it. If they refuse to return it they are liable for punishment under law. Keep proper evidences of it, like details of separate account in your name for your earnings, any record of bank accounts and the investments made out from such money etc.
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Suneel Moudgil
Responded 3 years ago
A.if you want to terminate the matrimonial knot, then,
try to settle the matter amicably with your husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if MCD fails, you are advised to file/claim
498a complaint (for causing mental, emotional, physical and monetary abuse, etc)
Domestic Violence case (for causing mental, emotional, physical and monetary abuse, etc)
you have rights to claim residence, protection, compensation, maintenance, etc
Call/mail for a detailed discussion/understanding
try to settle the matter amicably with your husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if MCD fails, you are advised to file/claim
498a complaint (for causing mental, emotional, physical and monetary abuse, etc)
Domestic Violence case (for causing mental, emotional, physical and monetary abuse, etc)
you have rights to claim residence, protection, compensation, maintenance, etc
Call/mail for a detailed discussion/understanding
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A.File a divorce case in the place where you are residing now and get the marriage dissolved. In the meantime you cal also file a case for maintenance under Section 125 of Cr.P.C. Your husband will be bound to pay the maintenance.
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A.You can take divorce easily but if you want your money back you have to put complaint in women cell
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