Seeking divorce


I want “DIVORCE” on the following grounds. Please suggest the steps/procedures.

i)              Desertion for more than 2 years.

ii)            Demand of Dowry.

iii)           Cruelty ( physical & Mental )

Married about 2 ½  yrs back. No issue. Husband and other inmates demanded huge dowry .Tortures and cruelties from very beginning. I was rescued by parents within 1 month of marriage. On night of “Suhagraat”, husband and inmates created mental pressure / cruelties and husband did not share bed. Next day, they forcibly took all my gold ornaments and kept them in father-in-law’s locker .They continued mental and physical cruelties for more dowry. Due to continuous pressure and demand for more money my father deposited Rs. 2.00 lakh in my bank account and I was forced by husband to withdraw Rs. 1,50,000 for purchasing costly furnitures ,washing machines, LED TV, Microoven,etc ( which have not yet been returned). No “Honeymoon” /other excursion trips took place. One night I sent S.O.S. call to my father. They rushed but were rudely and roughly behaved using filthy and abusive words and were driven out by husband. I was subjected to fists and blows. My father tried to take me out but not succeeded. Next day, my uncle came to help father and they all ( my parents and uncle ) went to Police Station, and lodged a GD and with help of police rescued me. The police forced me to lodge a GD as per his dictation. I was compelled to leave matrimonial house and go to my parental home leaving behind all my “Stridhan” gold articles (about 400 gm ) worth Rs.15.0 lakh in their custody.

Next day husband sent several e-mails /sms confessing their misbehavior and requested to condone them and to come back. (They never actually came to take me back.) I did not believe him and did not return. Lodged FIR U/s 498A/406/34 I.P.C + 3 & 4 of D.P. Act but no arrest of any body. All on bail. They never sent any money for Maintenance .They never contacted me.  I wrote to Police Officer many times for return of “Stridhan” including gold but he failed to do so. Finally, by court order, gold from locker seized and returned after 10 months of my FIR. This process caused immense harassment and mental torture to me.  Now Sec. 125 Cr.P.C. in process and got interim “Maintenance order”. “Domestic Violence Act” also registered and in progress.

In the meanwhile, after around 11 months of my FIR, husband telephoned my father and requested to send me to his house so I went there but he committed same type of inhuman torture and cruelties and drove me out of house on the very same day .This was reported to the Police.

 

Under such circumstances, on which valid grounds can I get a divorce?Kindly suggest.

 
Reply   
 
instructor

Collect all the favourable evidences and filed divorce on the above mentioned grounds by you i.e desertion , and cruelty, one thing you had not mentioned regarding consummation of your marriage it is consummate or not ?
 
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Thank you Laxmi Sir for your patient study of my case and advice. You have suggested me to collect evidences. I have the following direct evidences:

1. the court order for recovery of Stridhan articles and seizure list by police 

2.some SMS es and e-mails sent by my husband

Moreover my father was a witness of the mentioned incident.

Please suggest if all these are good enough to substantiate my case.

Thank you once again.

 
Reply   
 

In the given situation, if you have decided to part your ways from your husband by dissolving the marriage between you both through a decree of divorce, you can very well proceed on th grounds stated by you.  Living separately for a period of more than two years itself constitutes non-cohabitation between you both, supported by dowry demand and cruelty will be able to assist you in seeking divorce from him.  Take the help of your lawyer and proceed with the intended case against him.

 
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