Please give suggestions
Querist :
Anonymous
(Querist) 17 April 2019
This query is : Resolved
Sirs,
Myself Radha.
Your complaint is I post same story. I dont have new story sirs.
My marriage last only 6 months, in that I did not want child so I got MTP done.
Then on for past 11 years me and my husband did not stay together.
I thought he will give huge alimony and take divorce, he simply filed divorce in hurry within 1 year of marriage, so he withdrew it after 2years and filed divorce again. Till that time neither he paid alimony or did he take me back even after I file RCR.
I somehow screwed up everything, neither I had child, nor did I have married life. In desparate attempt I filed DV case asking residence rights. Court order residence but as husband did not stay in in-laws house I could not gain entry to husbands parents house.
I tried to file 498a case but they told in police station I cannot file false case now as already so many cases going on in court. So my attempt to file 498a case failed.
I started taking photos of husbands parents property, car, etc to show that they are rich in my 125 crpc case. This case got dismissed as I was working before marriage.
Husband paid interim maintenance till before last 2 years, 24k per month till my RCR case got disposed off as allowed.
Cases moved dead slow and one day they dismissed husband divorce and allowed my RCR directing husband to take me home within 3 months.
Neither did husband bother to take me back nor did I want to go back, I just want alimony for survival. He filed divorce after 2 years since RCR decree passed and RCR failed.
During that divorce hearing 3 times cociliation happen, but I did not go at all.
I want alimony that is my main concern, I filed all photos of property of husbands parents in divorce case too, but judge told cannot give alimony as this is not alimony case.
Now my advocate tell that divorce case dismissed. My husband dont go for appeal. I tried filing 125 crpc application again, they told in family court they wont take it as the matter should be adjudicated in high court and nothing to be done in lower court as already 125 crpc dismissed by family court.
They asked me to go to high court. I wont go. My husband wont go appeal. I want alimony. He want divorce, he wont pay me a penny.
What to do in this case? How to get alimony (permanent). In meantime I living live in relations with no proof. Live in partner beat me to pulp if he drink. He take money from me only. Dont know where to go? What to do. Suggest.
Yours,
Radha.
KISHAN DUTT KALASKAR
(Expert) 18 April 2019
Dear Madam,
You have to prefer appeal and get hand full alimony. If your economical status do not allow to hire advocate by paying fee then get free advocate at the following address.
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FREE LEGAL SERVICE BY CENTRAL GOVT AND STATE GOVERNMENTS
http://doj.gov.in/page/litigant-service
Litigant Service
Access to justice is a fundamental element of a just, equitable and civilized society. The vision of Access to Justice for all means that opportunities for securing justice are not denied to any citizen for reason of economic and other disability. With this vision Department of Justice initiated a pro-bono legal services scheme to provide free legal assistance to the marginalized applicants/litigants.
An online application form has been created below where the litigants can register information about their case or grievance. The Department will then connect them to a pro- bono advocate registered with the Department who will provide them legal aid free of cost. The nature of legal assistance provided shall be legal advice, drafting of case related document(s), appearance in the court (all or either of the three) depending on the availability of the advocates.
It is to be noted that, this endeavor of Department of Justice is a step in the direction of strengthening legal aid and increasing access to justice to those who cannot afford it and in no way it guarantees a favorable decision in the court for the litigant/applicant.
Further, pro- bono legal assistance provided by the advocates is a voluntary service where the advocates willingly devote their time to provide legal aid to the poor and needy applicants. Once a litigant/applicant has been connected to a preferable pro- bono advocate by the Department, the Department is not responsible for the quality of legal aid provided or time committed by the advocate to the case of the litigant.
Both the litigant/applicant and the advocate are free to discontinue their association at any given point of time giving valid reasons for the same to the Department within 15 days.
We hope that the pro- bono legal services will be a significant step in enabling access to quality legal aid and assistance to the people.
Interested persons may apply for pro- bono legal aid through the online service
FOLLOWING IS THE KARANATAKA LEGAL SERVICES…..SIMILAR IS AVAILABLE IN EVERY STATE
http://www.kslsa.kar.nic.in/
For Further Details Contact:
Karnataka State Legal Services Authority,
Nyaya Degula Building, 1st Floor, H. Siddaiah Road,
Bengaluru
Email : karslsa[at]gmail[dot]com
Website : www.kslsa.kar.nic.in
