498A and Divorce

Username12345 (Querist) 04 February 2018 This query is : Resolved
Need your valuable advice experts, thank you in advance.
Me and my ex have been separated since 9yrs (person went absconding and his father not telling his address). I tried all means to trace him and at last after 3.5 yrs filed a FIR in AP(due to misguidance of an advocate filed in Ap though I am staying in Maharashtra). I filed DVC(as he used to beat me, torture mentally and physically) & 498A (as in our last meeting in Panchayat he asked for 5 lacs cash to my parents). DVC got dismissed due to my absence (had gone through a major surgery) & at present the 498a is going on since 8 months. As per rules I just need to attend once to record my statement and for cross examination. But till how only my statement has been recorded. I have to attend court almost every 15 days which is getting difficult for me as I have a kid to take care of. Last month I presented a letter to the court to allow me to withdraw the case and ask my ex to return back my streedhan given by my parents along with divorce. My ex agreed for divorce but puts terms and conditions that he will return the streedhan only after completion of divorce plus doesn't wish to give any alimony either to me or to the kid (alone I'm taking care of the kid since birth) plus wants visiting rights to meet the kid. I'm worried about the kid, what impact will it create on his mind. Till now this person was just a missing figure in our life who never even bothered to check if we were dead or alive. Now all of a sudden it's difficult for the kid.
My question is that can I file for Maintenance towards my son after the divorce (I don't need anything from him for myself but regarding the kid I don't know how his expenses will increase as he grows). Also can I reopen the DVC in Maharashtra by request of transfer. This person has spoiled my life and is now enjoying without giving any compensation. Experts please give your valuable suggestion.

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Username12345 (Querist) 07 February 2018
Experts pls give your suggestions

Guest (Expert) 07 February 2018
You should choose the right advocate in the place where the case is going on and he/she would take care.You could also seek the help of "Women"s Legal Aid Forums " Or " Free Legal Aid Forums" available in the concerned court.Any Claim after the grant of Divorce would be complicated Case.Any Transfer of case from one state to other could be done only by the consent of Supreme Court under Sec 25 of Code of Civil Procedure which you might find difficult depending on your monetary status.You could withdraw the suit filed by you in AP by Pleading basing on the reason of your residence and travel and could file a fresh Suit only for 498 A in the place where you reside now and certainly you husband would come forward for a compromise and negotiation.Discuss with a good Advocate as advised please.

Guest (Expert) 07 February 2018
The Query is getting Repeated for 4 years and already well advised by Experts and why no action is initiated by you so far please. You could also contact Bar Association in Pune Courts and they would guide and direct you.

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