npaul 30 March 2015

Physical & mental torture by husband to me and my daughter

me and my husband married on January,2009 with permission of his family and my family. before that we had 5 yrs relation. after marriage my mother in law did misbehave with me sometimes. my sister in law provoked her every time against my husband and me. she beat my one day about the issue of cooking. i had Poly cystic overy problem so try to concieve in doctor's advise. i had one miscarriege in 2011. after that i concieved in december 2012. I gave birth one girl child on august 2013. after that me and my husband take care of our baby. in september 2014 i came to know that my husband is in another relation. he try to avoid me in physical relation. he told me that he love this lady now and want to stay with her in her rented flat. he was coming home just for three days. from december 2014 he stopped pay my expenses. i told my inlaws. at first they r against my husband but they moved at my husband and told me to leave their house. in this time i found a small job for me . i requested my husband not to stop the expenses of me and my daughter but he said that if i dont file mutual divorce he will not pay anything. one night at 3 am my husband beat me unnecessarily. next day he told me that i could not get any food from their house. i joined my job and my mother took care of my 1.5 yrs old daughter. from march 2015 i left my inlaws house and fir in local police station 498a case against my husband and his family. Now i am in my parents house. pls help me this following question:-

1) i told the inspector to give me the no. & date of my husband's bail copy when he will get it. is their any other way to know about anticipatory bail which my husband try to get?

2) i have many mobile phone call recording and voice recording where my husband and my mother in law told me that leave their house etc. also they threated me that i cant do anythig by phone. is this can be proof of my case?

3) after this i will do 125 maintanance and DV case. my husband has family business plastic factory. where his name is with my father in law. my H uses 2.5 lakh bullet bike, Rs. 36,000 HTC phone and branded clothes also. he told me that he will show that he has no income. then can i get at least rs. 10000 per month as a maintainance cost of me and my daughter?

guys really i love my daughter and want to take care her properly. pls help.

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8 Replies

Hardeep (Business) 31 March 2015

Start by getting all evidences - whatever you can - which could help your case. Whether it really would is not material at this point. Just get and save evidence. Phone calls are permissible evidence now - you will have to keep original recordings as well as the Phone instrument on which you got / made calls for same.

Get proof of your Husband's possessions, his status in the business, where the business operates from , PAN numbers of the Company and all its partners, Company details with the Registrar of Companies ( if it is a limited company ) , Profit and loss filings- generally, anything that indicates the life style of your Husband now or when you were married. All this will go towards your claims for maintenance, You have a job so that also will be factored in - but that is no reason for outright denial of maintenance.

Anticipatory Bail is a right you can not deny anyone, except for heinous crimes. So , don't waste your energies in finding out whether he got it or not. He will. Focus instead on developing a solid case. If you have proof of his adultrous behavior, save it. Your lawyer will / should be able to advise you better on all these points.Mutual divorce is an easy way out but all above could help you arrive at a good negotiated settlement.

npaul 31 March 2015

Today my case inspector gave me the no of my husband's bail and date of hairing. So 1/4/15 hairing date. My lawyer told me to submit all evidance proff copy tomrow in court. He also told me that there is many part politics matter so he will try to stop his bail.

Adv k . mahesh (advocate) 01 April 2015

i agree with the above views

and what every the document you obtain seen that it is properly mentioned your husband name and the print is very clear

as also bank statements and it returns will be advantageous for your maintenance and do not worry about your job as here a kid is involved and he is also having a responsibility to take care the kid

this all the evidences will be useful to build your case which makes it more stronger

npaul 02 April 2015

Thanks for ur valuable suggestion. yesterday he got anticipatory bail. my lawyer told me to file DV & 125 crp. I have invoice copy of his two phone handsets, 2 bullet bike( one of them he sold in 2013), we went vaccation in bankok in 2010, so i hv all the invoice of the tour etc. all the document in in his name clearly. how can I manage to get TDS of his business? he paid all the treatment bill of me, can i show this also? how many time approx it take to get proper maintanance? I have not too much money to spent in lawyer so that I am asking the time frame.

498a case is start now. now I hv to proof his and his mother crulty. her mother's phone calls. his phone calls r recording in my phone. in his phone call he told me that he will stay with that women and will not come to home any more. also voice recording of our husband wife talk where he told me that if i will not file divorce he will tourcher me and my daughter also. I have 4 photo of my husband and that women togertherly. they went Dhakhineswar in 14th feb 2015 and my husband put "Sidhur" to her. I hv the photo of them.

PLS give some reply.

rizu2k (assistant) 02 April 2015

Suggest do not waste your time and energy. once glass is broken, it is broken. and can't do anything to make it a like as before. Get the mutual consent and move on in your life.

npaul 03 April 2015

@ Rizu2K he wanted to deal with me that he will give me only 3 lakh and i have to give him our daughter. but I dont want to give my daughter to him. he will sold her oneday surely. if he truly love his daughter then he will not do this type of nonscence things. I want 50 lakh for me and my daughter. but he cant give. so i am doing DV and 125 maintanance case. I found his purchase voucher of bike, mobile, bag, our tour invoice, LIC, MIS certificate, some bank deposit slip etc.

rizu2k (assistant) 03 April 2015

npaul, it is ur personal decision. with experience in such family disputes i saying.... dont waste ur energy and age in fight on courts. u might realise after 4-5 yrs of battle that u wasted all. do some kind of amicable settlement and move on.

Rest is yours. I am saying as a well iwshers of family issues and disputes , wandering around courts for jsutices especialy of such personsal issues

rizu2k@yahoo.com

Born Fighter (xxx) 03 April 2015

Go for Mutual Consent Divorce. The Fight between you and your husband will directly affect your daughter. Your husband has already found one lady, why do you want to spoil your and daughters life ?. MOVE ON !!

Your husband wants his daughter so he does have feelings for the daughter and want her to be with him. Leave your egos aside and please think what will be BEST for the daughters future.

Take up some job and be self reliant and leave the rest to God !!