Aastha 11 February 2017

Husband forcing for divorce

I have been married since last 4 & half years. I was working in Delhi in an MNC before marriage but I left my job as I was getting married to a businessman in Varanasi. We agreed upon my joining his business immediately after marriage as I had done MBA from Delhi. He took a huge dowry amount along with several household things from my father during marriage. After marriage, he never took me to his office and kept on saying that I am looking for a good designation for you in my office. After 1 year, he took my jewelry worth 1 lakh as he needed some money and he never returned it to me. He started torturing me mentally, abusing me and hits me 4 times. He never wanted to have physical relations with me and whenever I asked questions regarding that, he got angry and questioned me why I am desperate for it. He told me several times that I don't like your body, it's disgusting and I'll never have a baby with you. Due to this, we rarely had physical relation. When my parents tried to talk to him, he refused about those incidents. I tried my best to save the marriage by tolerating all his ill treatments but he is forcing me for divorce since last 1 year.
Now, he has filed a divorce with so many wrong allegations on me like "She is suffering from epilepsy due to which we never had physical relation", She left my home after 1 month of marriage", "She ill-treated my parents and hits them", "She hit me with shoes and fought with me and my family during her 1 month of stay with me", "She refused to cook food and do household chores just after marriage" etc.
When I received his notice, I cried a lot and I begged him not to do this but he didn't agree. So, finally just to avoid all the mental stress of courts and cases as well as to teach him a lesson, I asked him for 30 lakhs for my future security and told him to file a divorce with mutual consent. He agreed on it and told me to go back to my parents house. He promised me that he will give that money exactly after 2 months and we will file a fresh divorce petition on that day but after 2 months, now he is refusing for any such commitment. Now, he is saying that he will give only 20 lakhs and that in installments in 5 years. Again, he is trying to ruin my another 5 years.
What should I do now? How do I prove that those allegations are wrong?

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8 Replies

Ms.Usha Kapoor (CEO) 12 February 2017

At this stage there is no chance of mediation or reconciliation. Try for MCD and a mutual settlement amount of Rs./.30 Lakhs as promised by him. You can file 406(return of streedhan) AND (498 A )both cruelty and dowry related harassment) against him.He has to act as per the orders of the court of law. Here comes the chance of negotiation. if he is not willing to undergo 498 A etc in exchange for dropping 498 A, and agree to return her Stridhan/s 406, he may agree for mutual SETTLEMENT OF Rs.30,000,00 for divorce.And once for all get rid of him.Engage a FMILY law Expert who is sympathiser of women.You may threaten him with with DV Act proceedings also along with maintenance under the Act.Take your settlement amount of 30 lakhs + stridhan and get out of his life and search for a new job by turning over a new leaf out of this bitter experience.

sanjay (.) 12 February 2017

You file abutment case for described wrong fact and also file mantinance petition.

sanjay (.) 12 February 2017

You file abutment case for described wrong fact and also file mantinance petition.

sanjay (.) 12 February 2017

You file abutment case for described wrong fact and also file mantinance petition.

sanjay (.) 12 February 2017

You file abutment case for described wrong fact and also file mantinance petition.

(Guest)

Nothing here.

(Guest)

Sister my sincere suggestion is to think very carefully before filing any cases. They often work against the women even if crime has been committed against them. I know many cases where husbands took revenge by delaying the divorce for several years. By the time all cases are finished, so is the woman. Don't take wrong step with people instigating you to file cases. A lot of people including lawyers will instigate you to. But trust me, you will spin out of control once cases start. So be careful and get rid of him the easiest way. Think of it this way---your saree is caught in a thorny bush. If you pull it abruptly it will tear off in pieces!! Good luck.

A walk alone (-) 12 February 2017

First you should decide what you want? You want divorce or want to fight contested divorce? If you want divorce go MCD. If you want to fight divorce then stop worrying. Your husband has file case. It's his duty to prove his allegations not your. Divorce is not easy to get . without proving his allegations he can't win. Better sit with a cool mind and try to find out loop holes in his case. Once he realize that it's hard to win then he will agree for MCD on your terms and conditions. Dnt file any other case 498a ,DV, etc on him. It's only a wastage of your money and time in court with zero result.

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