Divorce / maintenance
Beena
(Querist) 07 March 2012
This query is : Resolved
Dear Sir / Madam,
My Name is Beena aged 32 years. Having 2 sons names Umar (9 years) & Obaid (7 Years). I am Christian and married a Muslim under Muslim Law first as per my Mother-in-law wish which was enforced, married under Special Marriage Act -1954 on 27th Nov 2001. Since the day of my Marriage till July 14th 2004 I have been in joint family with my Mother-In-Law, 2 Sister-in-Law’s who were not married at that time and My Husband elder brother, his wife & their 2 kids. They all tormented me taken my gold ornaments, Tortured me always for the money they use to beat me a lot. After I have separated also I have faced brutality by my husband, even worst my husband use to take the gold and money from the home and always use to do the night shifts where it starts from 6 pm. My husband works in APRTC conductor. He gives his total salary to his mother. Because my husband and his family members were not taking care of our basic needs, in the initial days of my marriage I use to take tuitions and started working from 2003. He never took care of us like our basic needs food, clothing, shelter, kid’s fees & daily needs of the family. Finally after 2008 June we have separated still he did not made us to lead a peaceful life he use to come home and trouble us by beating me and taking the money from the home and go on beating the door using the filthy languages at night 2 or 3 pm and troubled us… by seeing his attitude where ever I have been seen come to me and troubling on the road thought to take Divorce.
I have decided to file a Divorce In the court of Family Court Judge City Civil Court, Madina, Charminar, Hyderabad and file divorce on 2nd Jan 2009, OP-98/2010 (under sec:27(1),(b),(d) & 38. I have file with the Advocate (1st Advocate) M. Hanumat Prasad R/o. Plot No: 178 & 179, “B” Block, Sri Krishna Nagar, Yousufguda, Hyd. I have even filed I.A.No 49 of 2010 in O.P. 98 of 2010 on 4th March 2010, where my husband is beating me where for the same attached witness affidavit and also requested the court for granting ad-interim injuction order in favor of me “by directing the respondent not to enter in to my house”. After that my husband started using my owners to trouble me in not giving me power & water, I have launched a police complaint on 6th April 2010 at Abids police station and the same submitted in the court on 19th April 2010 for seeking to pass the interim orders and allowing me to shift the house. I.A.No. 49 of 2010 in O.P.98 of 2010 was dismissed on 20th Jan 2012. Advocate M. Hanumat Prasad has taken Rs.8,000/- and left the case without telling me he left Hyderabad and later heard that he has got a job in Delhi as a legal advisor.
In the month of May 09 as Advocate M. Hanumat Prasad left and found a new advocate called (2nd Advocate) Kotamraju Durga Prasad R/O.6-1-190/20, Padmarao Nagar, Secunderabad-25 & Office: H.No.1-1-180/15, RTC ‘X’ Roads, Opp: Sudershan 35MM Theatre, Hyderabad-02. He suggested filing a DVC in the September 2010 DVC No: 215/2010 petition filed Section 25 (2), Section 28 of Protection of Women from Domestic Violence ACT 2005 at IV Metropolitan Magistrate Hyderabad. I have received orders on my case form the Judge on 17 September 2010 CR.MP.NO:908/2010 in DVC No.215/2010 where protection orders I have received for me and for my kids little I got relief by the order. Advocate Kotamraju Durga Prasad has not intimated me any date to attend the court and case got dismissed I went and inquired in the court administration and found that my case of dismissed then I have called advocate he said sorry and gave me NOC in front of the judge by the help of them I got relieved from this advocate & the case was restored. He has also filed as an advocate in my Divorce case but nothing he has done on that I was just asked to go and attend the court and take the date. This situation was there till June 2011. I have paid him Rs.10,000/-
In the month of July new advocate has been taken (3rd Advocate) Aelloboina Srinivas Office: Advocate Chambers 61 & 62, Huda Complex, Tarnaka, Hyderabad. He has filed the entire evidence affidavit & all the proofs on 26th September 2011 for DVC case but as on today documents has not marked. In Divorce case I have to submit my evidence where all the original documentation is with the Nampally court. Recently my DVC case has been shifted to XV MM Special Court, Erramanzil, Hyderabad with the new DVC No.11 of 2012. I have applied for CA (Copy Application) for the certified documents on 22nd Feb 2012, CA NO-3867/2012 but till today I have not received any update, several times I have gone to XV MM Special Court. Erramanzil they denied saying that your documents are not yet marked it will be taken on 15th March 2012 where I have to submit in the divorce for further Evidence.
Wanted Maintenance for my kids and I am facing difficult situation as a mother. Physiological pressures are so much since so many years by my husband, husband’s family, and husband’s relatives. All these years I was running the family presently unable to do with the disturbances of court and advocates and at the same time has to take care of kids and their welfare mostly I have been a bread winner of the family. Wanted to end up my cases soon and concentrate on job and kids. Wanted to get the certified copies from the XV MM Special court but it is taking time. Why such a long time for divorce I and my husband are separated from June 2008 and filed a case on 2nd Jan 2010 till today case is going on. I wanted to settle in my life. I desire to leave a peaceful life along with my kids.
I am approaching Nyaya Seva Sadan where I can get my cases to taken care and also do justice for me. I have faced (1) Cruelty & brutality by my husband & his family members, My husband has (2) Deserted me & my kids by not taking any responsibility of running the family expenditure as a Head of the Family till the day we got separated & after separation also never boarded any expenditure nor for me nor for my kids, By my husband & his family I have gone though a tough time on (3) Religious conversion, I have been suffered a lot by my husband & his family member's where (4) Domestic violence gone though in my entire married life, My husband have (5) Addictions e.g. Gambling He use to take money and gold from the house, this issue was taken to the notice of the elder’s several times but did not corrected himself.
My Sincere Prayer to help me in the below mentioned points:
I. I.A.No. 49 of 2010 in O.P.98 of 2010 was dismissed on 20th Jan 2012 Additional Family Court Judge City Civil Court, Madina, Charminar, though witness affidavit was attached and Police Complaint was attached for the I.A.No.49 where injustice to me where my husband has not applied any evidence nor any proof on the same till today. Why it was dismissed when the evidence were brought to the court notice. I have applied for CA on 5th March 2012 waiting for the order copy.
II. Maintenance was failed in DVC 215 of 2010 where orders passed on 17th Sep 2010. But till today Maintenance was not implemented by my husband to pay the amount to my kids. Where I have also requested Protection officer on the same. On 3rd Marc 2012 I have approached the Protection officer Mrs. Lakshmi Devi and filed application but till today my husband was not served any letter from them.
III. Delay in marking the Evidence documents submitted to the court on 26th September 2011 to till date Evidence original documents not marked. DVC11/2012 AT XV MM SPECIAL COURT, Balakrishna Bhavan, II nd Floor, Erramanzil, Hyderabad. (Old DVC 215 of 2010 at IV Metropolitan Magistrate, Nampally, Hyderabad.)
IV. Delay in my case O.P. 98 of 2009 by Additional Family Court Judge City Civil Court, Madina, Charminar, Hyderabad. Wanted to come out of the trauma of facing court and the activities where now I can get a job and concentrate on my work and bring up my kids in peaceful way. I have been separated from my husband from June 2008 to till date and have filed the Divorce on 2nd Jan 2009, nearing to 4 years we are staying separately (June 2008 to Feb 2012- 3 years 8 months). I have written a letter to the Honorable Justice to see the matter as it is delayed on 5th March 12. Kindly help me to get out this court cases at the same time Divorce from my husband at least hence forth will have a blissful life in my future endowers.
I have approached the Naya Seva Sadan & AP womens Commission on the same this month but work from them yet not started, I have raised a request on line in national comission of women on 1st march 2012.
Rgs//Beenna
Shonee Kapoor
(Expert) 07 March 2012
If there is an order for maintenance, you should go in for exeution.
Besides this query sounds like a complaint letter.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Nadeem Qureshi
(Expert) 07 March 2012
Dear Beena
what do you want?
please mention your query specifically
Raj Kumar Makkad
(Expert) 07 March 2012
The proceeding in the family court is going on in right perspective and you have already been provided with the maintenance. Law takes its own course. Wait for the final results.
Kirti Kar Tripathi
(Expert) 08 March 2012
Every case has its own facts and circumstance, the same requires sufficient time. Do not be impatient, Wait and see the outcome.
Beena
(Querist) 08 March 2012
Wnated Divorce case to be sorted out..Maintenance I am going to put a pitition that court order has not implemented..
Beena
(Querist) 08 March 2012
Yes this is a complaint letter..
