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Susanna Ramoorthy (HR Generalist)     15 June 2012

Mental torture

Hi,

could anyone give me a proper answer on my qstns?

I am married for the last 2 yrs , i have a female child who is 18 months now, my husband desertes me for the last 4-5 months, he dosnt care about me nor his child, he only listens to his parents, ours was love marriage, his parents are greedy for money , they wanna xtract money , property from my side which i am unwilling to give to them, they are torturing me mentally and even i suspect they have plan to make him married second time without my knowledge, i dont want to divorce him, i wanna stay with him, what case should i file against them???



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 39 Replies

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     15 June 2012

 

If he is not interested to stay with you then how is possible for you to stay with him. If possible, you can try these options for save your family.

1. Shift to another place / house with you husband.

2. Discuss the matter with your husband alone.

3. Discuss the matter with your close relatives or well wisher.

 

Afterwards if nothing happened.

1. You can filed the complain to the police station against them.

2. Issue legal notice to them.

 

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     15 June 2012

 

If he is not interested to stay with you then how is possible for you to stay with him. If possible, you can try these options for save your family.

1. Shift to another place / house with you husband.

2. Discuss the matter with your husband alone.

3. Discuss the matter with your close relatives or well wisher.

 

Afterwards if nothing happened.

1. You can filed the complain to the police station against them.

2. Issue legal notice to them.

 

Best of Luck.....

Feel free to mail !

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     15 June 2012

1. If you've been tortured for dowry - file 498A/406/34 DP Act against your parents in law. (These are criminal complaints) 

2. File for divorce + maintenance + custody in a Family Court.

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     15 June 2012

Dear Ld Bharat it is IPC Act' 1860 (498A / 406/ 34)

Susanna Ramoorthy (HR Generalist)     16 June 2012

Actually what is happening is my in laws are not allowing me even to speak to him or meet him personally,we really need a counselling, is it possible for a counselling?

 

Can anyone tell me what is "custody in a family court?

Susanna Ramoorthy (HR Generalist)     16 June 2012

I wish to get my husband alone & talk, or get a counselling, but i dont think he will be willing to come for a counselling, unless a judge or some one powerfull forcefully ask him to come for a counselling, then i am sure he will change his mind & will join me! 

 

Pls, i am seeking ur advices!!

MRRpersonality (Knows very little about Indian laws)     16 June 2012

@susanna:  I really appreciate your desire to save the marriage and restore peace in your family, inspite of all th e mental torture meted out to you. Hats off to you!!! 

 

Since you are very confident that you will be able to change his mind if you or some wise people talk to him or counsel him, you may try the following steps :

 

1. Send some elders, relatives or well wishes and ask them to talk it over with him.   Also send a message via the elders that you would want to have a conversation with him.  Convey that he and your child are most important and nothing else matters for you in your life, and will consider any adjustments that he might suggest.  Hope you succeed at this stage and bring him to conversation table.  If not,

 

2.  File two petitions, one under section 9 HMA for restitution of conjugal rights and the second under crpc 125 for the maintenance of you and your child.  The court will provide you an opportunity for mediation/couselling before going ahead with the rest of the proceedings.   Use this second step, only after you are convinced you have failed in the first step.   If mediation still failed then I would think there is not much in the marriage.   He can not marry until your marriage is judicially dissolved which might take several years.

 

Please do not try 498a/dv if you have slightest feeling that you want to restore your marriage.  This route will only ruin your marital life and will only cause more enmity.   Use this route if you want to settle scores with them.


(Guest)

Dear Susanna

As you asked that your marriage on love based, It mean both of you understand. You have to talk to your usband poliety in this matter.

Don't take Hard step in this situation this will destroy your matrimonial life.

So first try to resolve your problem with help of your husband, also assured to your inlaws.

If you unalble to solve this problem herself than involve to your parents and solve your problem by mediation.

Your aim to live with your husband and his family members so don't take any legal action.

Concialiation/mediation can helpfull to get rid of this problem.

Adv. Chandrasekhar (Advocate)     17 June 2012

you want to have free discussion with your husband without any interference from his parents.  For making that possible, you want indulgence of some powerful person like judge etc.  Your wish will be fulfilled if you file section 125 cr.p.c. maintenance petition against your husband seeking maintenance for your self and your child.  The court will summon him.  There before the judge, you ask the judge to send the parties for mediation.  In the mediation, you talk with your husband.  the mediation can be had for four or five sessions.  If you solve your problem it is o.k.  Otherwise, if you want to have maintenance, you can continue your case.  If you do not want maintenance, you can withdraw your case.  "custody case" is not helpful to you at this stage, as the child is with you.


(Guest)

chand-poo wrote your wish can be fulfilled by filing 125 on your husband !    As a matter of fact you can only fulfill your wishes by extending love and care to your husband and family .......filing of cases for fullfilling your own selfish desires will only leave lawyers happy and you will end up swimming in your own sh*t ! and these lawyers will run away like milkha singh after ruining your life ....


(Guest)

File for RCR. It is a better option than 125 crpc. It also shows your intent to save marriage and cohabition. In 125, you will need to make some allegations for justifyng you living separately.

If you want to save marriage, don't file any false litigation.


(Guest)

BTW, why do you want to be still in relationship with someone, who loves your money/property and not you? If what you are saying is eally true, that he wants money/property more than you, practically such a relationship has no future.

MRRpersonality (Knows very little about Indian laws)     17 June 2012

Originally posted by :498akadushman
"
File for RCR. It is a better option than 125 crpc. It also shows your intent to save marriage and cohabition. In 125, you will need to make some allegations for justifyng you living separately.

If you want to save marriage, don't file any false litigation.
"

CRPC 125 does not any allegations.   It is meant to provide maintenance for the eligible family member from the family member who has sufficient means and has been earning, taking into consideration the income difference of the two.    She has to petition desertion and her inability to maintain herself and her child.


(Guest)

"She has to petition desertion"

Read what you yourself said. Desertion is an allegation.

And read the followig too.

(4) No wife shall be entitled to receive an 4allowance from her husband under this section she is living in adultery, or if, without any sufficient reason, if she refuses to live with her husband, or if they are living separately by mutual consent.


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