Husband Deserted Wife Many Years Back-Seeking Legal advice
Querist :
Anonymous
(Querist) 28 July 2010
This query is : Resolved
Wife is living as unmarried in the shelter of parents since last many years after being dumped by husband from her marital home where she lived for few months after wedding as per Hindu rites. Proper negotiations were made prior to engagement and after that groom was freely allowed to chat with bride on many occasions . She was science graduate, innocent and relatively younger and grown in metro city culture in a well educated well-to-do nuclear family and away from village culture. He was non-graduate, relatively older was pervert, lusty, uncivilized, and typical male chauvinistic pig and arrogant 'Damad', grown in village and tribal culture ,coming from underprivileged class.
During those few months she was abused sexually at nights by her husband with aforesaid traits, without taking her prenatal care. Her rural in-laws not only removed home-maid after getting 'Bahu' but also abused her physically by burdening her 18-hrs with home chorus ignoring her health during pregnancy with taunts. Her health started fast deteriorating after entering marital home full of hostility. The husband from day one, left no chance to exhibit his typical village behavior of undermining wife and in-laws by routinely subjecting them to insult, humiliation and embarrassment. He started abusing wife and in-laws mentally when her parents from metro-city were not accustomed to pampering their 'Damad'. Within no time he changed his color faster than chameleon by tactfully pressing wife and in-laws to yield to his demand for additional home appliances, furniture, and helping him financially.
After a few months of pregnancy, she was diagnosed requiring emergency abortion. This gave husband a golden chance to settle score with in-laws. For this he collected false and unlawful evidences which put a stamp on wife's health that she was unfit to serve basic marital purpose. Taking this as insult to their daughter, his in-laws advised him privately to get himself diagnosed to show his fitness for the same purpose. This advice straight added fuel to his mind, already smoking with rage for not meeting his said demand and his countrified personality took it as insult ,challenging his manhood. He became violent and furious and one fine day after conspiring plot, dumped wife after snatching her ornaments including 'Mangalsutra'. She left behind all her valuable households and 'Stridhan' and started living with parents. Her parents tried to contact him in all manners but in vain.
Husband immediately resorted to legal terrors, as modern wifes do by using 498A, including writ petition. He charged in-laws of not sending wife for conjugal relation and looting marital home by taking away all wife's property.
Wife did her medical forced abortion on parent's expenses and remained cool for her health recovery, without retaliating to husband's legal terror. Her parents could not use normal channels to meet him which he blocked by police action against them. Even wife could not communicate with him to tell him about her abortion, as he would not respond after identifying her on caller-id.
Many years have passed, and there is no any kind of response from husband-side. Wife now has developed hate against him, and does not like to remember the hell-like marital home. Of course, she waited for initial a few years after her ouster with a hope that husband would come forward to reconciliation or allow her to do the same for restarting marital life.
Now, wife wants 1) to dissolve the marriage, 2) wants to get free forever from any litigation she may face in future from husband-side, 3) wants to fight case for justice by putting aside all the useless, false and fabricated charges including criminal against her and parents, based on illegal and false grounds and at the same time wants to charge husband and his relatives for many crimes they committed against her and parents.
For the aforesaid purposes she wants to use all evidences possible in legal manner and false and fabricated documents received from husband in the form of legal notices including from police and copy of writ-petition from his advocate served in unlawful and unofficial manner. She has not received till-date any notice or summon from any court or faced any police action during all the past years till-date.
Please Advise
Thanks.
Devajyoti Barman
(Expert) 28 July 2010
The cases you may file on the offences as alleged these are 498A IPC, Domestic Violence Act, for maintenance 125 crpc, 24 of the HMA, for getting rid of him you have to file a suit for divorce. The information about the notices sent by the husband would have been helpful to suggest more.
However, get it clear that unless you go for amicable settlement cum divorce there is no way that there would not be any case in future by your husband.
