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DIVORCE LAWYERS
09-10-2024

My marriage was happened in nov,2021. We transferred 20 lakh in husband their family bank account. But after 1 month they started torturing me. They didn't want to take even basic responsibility also wanted me to all the household thing along with my job. I did everything for the sake of marriage. But my husband fought with me for silly thing,hiding his phone, slap me. I tolerate all these for 10 month,after I complaint 2 time in mahila thana and they false compromised. I never wanted divorce so I agree with their compromise. I never thought they were planning to give punishment by planning child. I always wanted to have child. So I was happy that might be everything will get better with time after having child. When I was 3 month pregnant my health was not good, so on mutual consent he took me to the maika and told me that he will take me after 1 or month with him. But after 2 month he denied and said his mother can't take care and told me to stay in maika and he visited once in a month. After I delivered baby he came but after that he came when baby was 15 days old and intentionally fought with me and told me that I will never come and went away. After that I tried to contact him whenever baby health was not well.but he never came. In March I filed complaint in mahila thana but he didn't came.In April,he blocked me from everywhere I tried to contact a lot. Even I went to sasural but they all escaped to Delhi from their without notifying me. I lodge 498 a case and maintenance case in June. Recently I got to know that he filed divorce case and falsely written that we were not staying together for last 1 year. My mother wanted him to gharjamai and etc. his ground is baseless my question is that I don't want to give divorce for the sake of my baby mental health. Also my salary is not enough for maintaining my self and baby. My husband salary was 10 time from mine.

•Answers Posted by Experts
Response 1.

Dear Madam, You may file multiple cases like domestic violence, restitution of Conjugal Rights under section 9 of Hindu Marriage Act etc.

Kishan Dutt
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Response 2.

Dear Client, As per your query, You can plead false allegations of separation under Section 13 of the Hindu Marriage Act, 1955, coupled with appeals to him having abandoned you during pregnancy. You can simultaneously also pursue the case on Section 85 and 86 of BNS, 2023 coupled with Section 144 of BNSS, 2023, case to claim maintenance for both you and the child. The salary difference is quite significant so there is reason to claim maintenance from him. Seek full custody under Section 26 of the Hindu Marriage Act, 1955, mentioning that your husband is negligent and absented himself from taking care of the child, and, if needed, propose that there be visitation under observation. You can also seek interim maintenance during the pendency of the case to collect the costs incurred as a result of his negligence. Feel free to book an appointment for a detailed discussion on the issue.

Advocate Anik
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Response 3.

Hello Preeti, I have seen your query carefully. In my opinion you should file a police complaint against your husband and other in-laws for cruelty and harassment for dowry demand. You can also file a petition under Section 12 of domestic violence act for residential rights and compensation. Further you should file a petition under Section 144 BNNS previously 125 Cr.P.C for maintenance for yourself and your child. You can file a petition under Section 24 of hindu marriage act in divorce petition also. So you can get expenses of litigation and monthly expenses along with travelling charges. You can call me without any hesitation for further information and clarification

Rajeev Srivastava
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