Username12345
04 February 2018 at 14:33
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.
Username12345
08 July 2017 at 08:26
Hello Experts,
I need your urgent suggestion. I have filed DVC & 498A against my Ex in Andhra Pradesh ( I was staying there earlier). But now I am staying with my parents in Pune, Maharashtra and it's really getting difficult for me to attend the cases. DVC already got dismissed because of my absence, I couldn't attend due to my ill health. But I don't want to miss on the 498A. Is there a way I can transfer the case? If possible can some prediction be given can to me relating to the charges. I will be really thankful for guidance. Thank you.
Username12345
27 December 2016 at 15:49
I'm separated from my husband since 2009 the case is of absconding and desertion. I have a kid who is now 8yrs old n till now everything is just done by me for my son.
I stay in pune with my parents n the guy stays in Andhra pradesh. Due to no proper guidance and support I cudnt file any strong case against him. Had filed dvcc and 498a four years back in Andhra pradesh. Attended the court for 3.5 yrs n now left becoz I'm not able to travel as different state. As of now the case is dismissed.
I want to get divorced. I tried a lot for mutual but they don't agree n not even come to talk. Plus as Streedhan my parents gave me money which they r not giving me.
Experts please advice me how do I get divorce n my money back ( it's in form of fd). I heard that if separation is for 7yrs then divorce easy n not much hasty. I'm very much tired attending the court. Want to get out of this ASAP. Kindly advice me the best thing I can do.
Username12345
10 March 2016 at 14:56
Hi Experts,
Need your urgent advice.
In my 10 yrs. of marriage I have stayed with my husband for 3.5yrs and from almost more than 7yrs he is absconding. In these 3.5yrs I was tortured physically and mentally by my husband and FIL a lot. I have a kid who is 7yrs old and he is with me as husband is absconding. After 4 months of marriage they started torturing me for petty reasons and money issues that I get from my parents for them to buy assets and that the dowry which we gave was not sufficient for them and they lost a good match because of me who was going to give them 10 lakhs.
I was mentally tortured stating that gas pipe will be removed or kerosene will be poured on me and will tell that I committed suicide or they will cut each part of my body every day or I will be tied to the tree and not given any food. I wasn’t allowed to call my parents and my parents not allowed to either call me or come to meet me, phone was always locked, me and my kid not used to get proper food, I was not allowed to go out of the house or not allowed to talk to anyone in the neighbourhood.
They used to beat me very badly that once I had a miscarriage at home due to the beatings. Second delivery was also very critical, me n kid were both in ICU. Kid was in ICU for 25 days. Even after the kid's birth nothing changed. One day they beat me as rice got spoilt. I was beaten so brutally that I thought I’m going to die for sure. Next day my relatives had to come to see me (my parents were in different state). We went to file FIR but police just sent us the next day for counseling in the CP office. My wounds were clearly visible and the officers there scolded him a lot. They took in writing from both of us that we attended the counseling and remaining will be seen in the police station. But police didn’t even send me to hospital even though I requested for medical. SI told me to go and have a pain killer and I will be ok the next day.
After that a meeting was called in the village Panchayath (as my uncle requested to the Sarpanch) wherein they couldn't tell any reasons why they used to beat me. All reasons given were petty and everyone laughed at them for those reasons. At last my husband told my parents that I am mad, I have BP Diabetes and to take me and get treated. He promised he will come after 3 months and take me. The Panchayath meeting was called the next week. None of them came and we tried to contact and get a hold of them for 2 months but all trials in vain. At last we got hold of the person who was acting like mediation who was their relative and he told me to go and husband will come in 3 months. Respecting the elder person I went to my matrimonial home and 3 months became 3.5 yrs. but no response from them.
I tried texting him by SMS, emails, letters, calls, giving message to neighbours and relatives but all waste never got reply from them. In fact my husband went absconding I didn’t know his whereabouts. His father just kept on saying he doesn’t know and misguiding us. Also if we went to talk he never allowed me to enter the houses, had fights and used all rubbish language which was filthy. After trying for 3.5 yrs. I filed a FIR in their village. One of the lawyers in their village misguided me saying that he will help me to get out of these issues in just 7 days. But just took money from me and stuck me in filing cases there which I could have filed in my matrimonial place. We filed 498A and DVCC. ITs been 3.5 yrs. and DVCC still going on and is at the stage of my cross questioning which didn’t happen till now.
I’m terribly under lots of pain as every time I have to travel to a different state plus not getting proper help from the lawyers there. I have changed 3 lawyers till now. First one who got me stuck, second who was interested in pulling money from me and now got elected in Lok sabha elections, third lawyer is the present lawyer who always speaks very rashly and I don’t find him guiding me properly. In fact I feel he has joined the opposite party and just tries to know what will be my next step. I told the lawyer to speak to the opposite party and try to get the matter settled outside of court as travelling is really difficult for me.
Right from the start I keep texting my husband for birthday wishes, festival wishes, informing about the kid's health if he was not well (once admitted in ICU), telling him he can come to visit the kid and no one will stop him, asking about his wellness. I didn’t get any reply from him till now. 1.5 yrs back I decided that i don’t want to live with guy and want divorce. No one helped me so I texted him stating that there is nothing we are going to gain from court proceedings. Lets sit together deicide and file for mutual divorce and get out of this so that both are happy. But the opposite party manipulated the sms and added some more content that I was threatening him. In none of my message have I sent any threatening text instead I loved him a lot even after all this. Till now never thought that something bad should happen to him. I have filed case just to get my rights and proper justice from the court.
The opposite party lawyer showed all the messages to my lawyer and my lawyer not at all listening to me but just trying to get rid of me ASAP. Now I don’t know what to do as lawyer is playing games. Secondly I don’t have any evidence of domestic violence as this happened within the four walls of the house. I tried to get copies of the counseling that happened in the CP office which will at least show that I had wounds on my body. But in CP office it seems they don't maintain any such data for counseling. I checked in the police station and SI too told the same thing. I am shocked as to how come these Government bodies don't have any records of what had happened.
I consulted one more lawyer in my matrimonial place and he asked me to file Divorce and Maintenance together. I do not have my husband's address as he is absconding and has deserted me. I came to know that he got remarried but no one is helping me to get the proofs. Also somehow I traced the company in which he is working but they too not helping me. I am in serious pains and my life has become miserable. Even though I am B Com I am not able to do job because of the health issues which came because of stress and physical torture that I had gone thru.
Recently I had a major surgery of the uterus and its seriously difficult to travel so far and not earning anything. I am depending on my parents for every single paisa. I have a school going kid and he hasn't seen his father yet. I regret on being born as a woman in this country and writing this on Women's day all this,
Please pleases advice me. I want my case to go on fast track and also to get divorced ASAP. Please give me suggestions.
Thank you.
Username12345
09 October 2015 at 17:17
My friend got married and the marriage jst lasted for one day. The bride seems to be mentally instable and created lots of scene right from the marriage hall. Hence bridegroom asked for seperation. The girl accepted for divorce and signed while mediation in the police station and also took money for just one day.
Now again the girl and the family members are coming and creating nuisance to the boy.
Does the boy need to file for divorce again or does dat mean the divorce is done.
Please advise
Member Strength 9,47,720 and growing..
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Streedhan and maintenance
Experts need your advice
I was being tortured mentally n physically right from the start of marriage. We have been separated since 9yrs (desertion due to dowry). Im taking care of my minor kid since he is born n stay with my parents. Due to misguidance of an advocate I filed 498A & DV in the place of marriage that is a different state instead of filing it at the place I stay. DV was going on for 4yrs n then dismissed due to my absence (ill health n surgery). 498A going on since one year. Till now my chief/cross has not happened (every time some or the other person is absent either the judge or the lawyer and always the opposition lawyer). I do part time job and tailoring to take care of my kid. It's difficult for me to travel on each date (dates are given every 10-15 days) hence, I wished to withdraw the case on a condition that my ex return back my streedhan which is in the form of FD (Streedhan half in form of cash and half in form of FD apart from other items). Also I asked that something to be given to the kid for his future and agreed to their condition of mutual divorce. But the opposition party didn't agree to either return the FD nor anything to the kid. They just kept stretching the matter by taking dates. Now the judge is rushing to close the case and giving dates every alternate days. I have told them and also give in written about my difficulty travelling plus my financial issues. Still this kept on going. Due to summer vacation getting reservation is difficult due to which I was absent and my cross got closed. Now I need to get my witness that is my parents & relatives. All of them are above 60 yrs and are sick due to illness. Last time I took my dad and the opposition lawyer was absent. This way its too difficult to get them to court. Hence I showed my wish of withdrawing the case. Now my question is that if I let go off the 498A and file for maintenance will I get back my FD given by my father (I have proof of all the transactions). Can court pass order to bank to release the funds. I do not have any income details of my ex but can the court give orders to the IT department to show the details of his earnings. I need something for my kid for his future but not even able to get his rights to him. Can someone please advise me as to what would be the good option to get back the FD which is hard earned money of my parents