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Q. From last five months living separate from husband as husband is not willing to take me back

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Isha Gupta

posted 5 months ago

Q.From last five months living separate from husband as husband is not willing to take me back
Hello
I got married last year in April .and from last five months my husband didn't come at my house to take back with him.on 10 December 2018 I came with my husband at my mayeke just to stay for seven eight days.but as he left me at my house after few days he fight with me on phone due to some issues and after that he never come .I called many times to my husband that please come and take me,but he never answered.now I want legal advice on this matter that how I proceed further as I am very confused . please reply me as soon as possible.i will be very thankful to you.

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Shreyash Mohta

Experience: 1 Year(s)

Responded 4 months ago

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A. ) File the following cases
1. Domestic Violence
2. 498A
3. Divorce Proceedings on the grounds of cruelty/desertion/cohabitation.
You can also ask for maintenance under 125CrPC
For further details please consult me personally through Vidhikarya.
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Shreyash Mohta

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 5 months ago

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A. ) Dear Madam,
You may immediately file DV case seeking following reliefs:
========================================================================

PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
2. Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
3. Pass orders u/s 18, in totality against Respondent1 to 3,
4. Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
5. Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
6. Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition.
7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

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Suneel Moudgil

Experience: 15 Year(s)

Responded 5 months ago

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A. ) You have few options like -
1. Try to settle the matter amicably with the help of the elders and close relatives of both families, and start afresh.
2. If above doesn't work, move to your matrimonial home and start living there, why are you waiting for your husband to take you, it's your legal right and no one can deprive you From claiming such right. If they make any issue like mental, emotional, physical abuse make a police complaint against husband and in-laws.
3. You can also make a police complaint against your husband and in-laws for causing mental, emotional and physical harassment to you, while staying in your parental home.
Other options are domestic violence, maintenance, RCR.
Call me for a detailed discussion.

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