Divorce and maintenance..

hemant (Querist) 15 September 2013 This query is : Resolved
Sir/Ma'm,
Marriage took place in April 2009. And after only 3 months I was unable to stay there bcoz of his whimsical behavior, temperament, beating ,abusing me...and that is without any reason. He even dared me ki Truck se uda dunga tujhe. He was more of a psycho, and with some unknown mental disease. So I left to my parents home. all these years we have been fighting for justice I have three cases running
1.domestic violence,- Status: Police has screwed our case we dint knew the proper procedure to file an FIR and get a copy. So police diary has completely weaken our case and judgment was in my husband favour and we have challenged it but for past 2 years no result only taarik pe taareekh
2.To get my own belonging which were gifted to me by my parents (Streedhan)- Status: court has ordered him one year imprisonment and return of all my belongings. But this has been appealed by them and it is running for last 1.5 years but no result same taarikh pe taarikh.
3.Maintenance case –status: Court had ordered an interim amount of 2000 earlier in 2010 which he sometimes deposited sometimes not. Now 7 months ago in 2013 court has ordered a final amount of 3500pm as maintenance as he is a govt servent and has salary around 15k. he is still not giving this amount regularly so there is huge balance on him.
Meanwhile my Husband has filed a divorce petition also.
Sir my questions are: 1. we have given a application to judge requesting her to order for automatic deduction from his salary as he is a govt servent but she is just delaying this particular thing.
2.Shall we accept this divorce and get legally separated but my lawyer (we have appointed another lawyer for divorce case) is not advising to do so. Lawyer is saying we will not get anything and he will be free from all obligations by this. Considering recent marriage law amendment is it correct.
I also want divorce. As I have decided to lead my life single and I’ve started preparing for state civil services.
My Husband has good financial background his Mother and father are principal and vice principal in a govt school and have good amount of agri land in town so he don’t have any obligation towards his parents also. They (my husbands family) are ready for compromise and we are also ready for this but they are saying take whatever your belonging and give us ours (a mangalsutra) and settle it . Now Considering the fact that they were aware of this psycho man and still cheated me by hiding this fact and ruined my life I want to punish them as harsh as possible. please advice how should I proceed with this case to get justice soon.
Thanks
Jyoti

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Dr. Jyothi Vishwanath (Expert) 15 September 2013
If you also want divorce
then try to go by mutual consent and solve other issues amicably. This will save your time and money too.

ajay sethi (Expert) 15 September 2013
1)both you and your husband want divorce . hence divorce by mutual consent is best option .

it makes no sense in staying with psycho and a man who physically abuses his wife

2) you are entitled to your streedhan . even the mangal sutra given by your husband at time of your marriage belongs to you . dont agree to return the mangal sutra and other gifts given at time of marriage .these issues can be mentioned in consent terms filed in MCD

3)since court has passed orders to pay maintenance of Rs 3500 a month and your husband has defaulted in payment of the same you have rightly taken out application for deducting the same from his salary .