Physically assorted by husbund

5 years ago

My husband wants divorce and I don't want to saperate. So he may time assorted me physically. Many time I have called 100 number. Every time police take application . Now I come to my parents home, by deciding to do 498a.i have give application to police station. They called my matrimonial but not come yet.can I again go to stay at my matrimonial house during case is going on ? Bcaz I feel he will fly to out of India soon.what should I do ? My age is 34. Marriage duration 4 years. He wants divorce but don't want to give any maintenance.

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Kishan Dutt Kalaskar

Responded 5 years ago

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A.First get restraint order and see that he shall not go abroad

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Mohd Imran

Responded 5 years ago

A.You can also file a complaint under various sections of DV Act. That includes the right to residence in shared hiuse hold and also not to commit any act of domestic violence upon you. It will be very helpful for you.
For better advice you may contact me in person through my Vidhikarya profile

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Vimlesh Prasad Mishra

Responded 5 years ago

A.One more thing if you don't wish to divorce your husband you need to go back and stay in your matrimonial house because he needs 6 months ab separation period to file a divorce petition if you stay in your parents house he will get this opportunity

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Vimlesh Prasad Mishra

Responded 5 years ago

A.For filing 498 a you need not to stay in your parents house and can file FIR from your matrimonial house and if police is not taking any action you may file a criminal complaint in court under section 156 3 and court will order police to lodge FIR you can include the sections 3 by 4 of dowry provisions and Domestic Violence Act as well

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Anonymous

Replied 5 years ago

156 3 CrPC takes more than 2 months. Till than my husband not giving me money for my maintainance .if I file 498a from my matrimonial home then it may possible my husband again try to assort me.my in-laws mother,father and brother leave seperate since last 1.5 years. Before that we are living in joint family. Before 2 year when first time I called 100 number, and called police, they don't wanted to come in picture so go to leave saperately. My husband has transferred his property to my mother in law. Even salary money is tarnseferd to his brother. So when divorce he can say he has nothing to give . Can include them in 498a? Bcz they inspires my husband to do this all. My mother-in-law in law don't want me to attend any family function so she called only his son .and my hubby go alone .even my husband don't want any child from me but want physical relation.

Vimlesh Prasad Mishra

Replied 5 years ago

section 156(3) is in the case if police is not registering the your FIR. You may file a maintenance case for the maintenance and you may include your in laws ( Father, Mother, Brother, sister) in 498A.

Anonymous

Replied 5 years ago

Thank you sir.

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