(Guest)

Reg:divorce & maintanence

hii Sir,

I am 25 yr girl got married feb2013.At that time we have given a dowry of 10 lakhs as dowry..I went in may to stay with him !!! From that time i was herassed by him brutally he used to comment for everything n havent take care of me properly n he used to abuse me n my familymembers in a wrong way!! one night he came drunk when i am in my parents house n fought with my father n hitted us.then i registered a complaint in women's police station n there they gave him a counselling but finally they advised my husband to write bindover but he havent accepted that n he left me with my parents n went away!! N he is nicely enjoying with girls..After tat my family members went to panchayti in our caste n finally he accepted to give 10 lakhs back ! N divorce was filed n i havent attended to court n ex-party divorce is going to get declared!! bcos of all these things i was upset n i am not intrested to attend to the court!! I completed my graduation n now i am in jobtrails going for coaching!! we have no evidence the dowry given was liquid cash n given in hand tat was my fathers GPF as he is a govt employee!! Even my father spent some more money as wedding expenses ..Pls let me know can i file a case for maintanence that too with in how many days of getting divorce??? N my husband is a private employee he has properties a car an own flat everything!!Pls help me..

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8 Replies

Laxmi Kant Joshi (Advocate ) 31 July 2014

You have not mentioned when he got exparte divorce , had you ever before filed any criminal or civil case against him or not , had you filed appeal against the exparte decree or not .

Laxmi Kant Joshi (Advocate ) 31 July 2014

You have not mentioned when he got exparte divorce , had you ever before filed any criminal or civil case against him or not , had you filed appeal against the exparte decree or not .

(Guest)

Originally posted by : laxmi kant joshi
	You have not mentioned when he got exparte divorce , had you ever before filed any criminal or civil case against him or not , had you filed appeal against the exparte decree or not .

No now the judgement is kept reserved....n i just wrote a complaint on him in womens polce station they gave us a registered number n instead they gave my husband some 4 days time and in that time he applied for anticipatory bail....

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 31 July 2014

Dear Querist

You may file a domestic violence case against them, file a maintenance case u/s 125 of Crpc or file a divorce case against him before family court along with an application u/s 24 of Hindu Marriage act if both of you are Hindu.

Feel Free to Call

(Guest)

Originally posted by : Nadeem Qureshi 9953809956

(Guest)

Dont attend court, You will get divorce easily. File maintenance application if you want.

but to me it appears that you marrried only for sake of maintenance. Instead of that, you could have kept 10 lac deposit in bank and got interest from it. Simply you made headache for yourself, your parents, your husband, your in-laws.

What idiotic thinkiing, what sinful waste of life !

Try to find a job for yourself instead of asking for maintenance.

(Guest)

Originally posted by : Helping Hand !

thanks for ur suggestion !! I suggest u cannot speak to a women in this way u know how my husband herassed me i used to stay without eating food for 2 to 3 days!! I know to find a job n thanks for u suggesting me!! U speak in this way to women v sacrifice our lives for bringing up a family n is tis the way u speak no girl gets married for maintanence without knowing root cause u stop underestimating women!!

Adv. Chandrasekhar (Advocate) 31 July 2014

If he gets divorce, (in which judgment is reserved), then if you do not want to contest it in appeal in High Court and want to get divorced, then you have the following options:

1. Under Section 25 of Hindu Marriage Act, you can file application for permanent alimony and ask the court for lumpsum amount.

2. You can file an application for maintenance under Section 125 cr.p.c. for monthly maintenance and you will get it even after divorce and you can get it till you are remarried or you will become self-sufficient.

AND

As your parents have parted with about Rs.10.00 lakhs as dowry, you should file a criminal complaint under Dowry Prohibition Act. The police will discourage you. The male chauvanists discourage you by saying that even giving divorce is criminal offence and you will also be punished. Do not believe them. Under Section 7(3) of the Act, the dowry givers cannot be punished. To get the case registered and prosecuted effectively, you engage a good and kind and considerated advocate of your area. By sheer efforts of the advocate and the oral and documentary evidence available, you can force him to part with atleast substantial part of dowry amount.

My best wishes are with you. Please ignore the peopole who hurt you, because this forum is full of those male chauvanists, who condone the atrocities of the men and discourage the women to get their rights.