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vaani (Querist) 26 October 2015 This query is : Resolved
I have got married in 2009 and was staying with husband in bangalore,my husband started torturing me physically and mentally not able to bear his physical torture on the same day he beat me gave complaint in bangalore under 498A and returned back to hyderabad-parents place where i filled DVC after two years my husband came for a compromise and we have written an undertaking and again started living together in 2013 we had a girl child in 2014,he was fine for few days after rejoining but from the day i was pregnant again he started showing his previous behavior again this time it was more cruel.Now i have moved away from him and staying with my parents i dont want to go back to him.

please advice me whether he can take any legal action and i want the child to be with me and as he is also responsible for the child can i ask for any maintenance for the child.

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rajagopal.s (Expert) 26 October 2015
Hi
You should file for a DVC again. At the time of filing this DVC, you can also bring to the attention of Court/Police about the earlier DVC and compromise thereof.
No worries. you will be eligible for claiming maintenance for yourself and your child. You will be the legal guardian for your child and you can claim the child's custody also .

vaani (Querist) 26 October 2015
Thank you for the advice

i have not filled any case and want to stay away from him i do not want to file any case.Request you to kindly let me know whether he can take any action as i am staying away from him and still cause harm to me or my child,claim for the custody of girl child.

Sudhir Kumar, Advocate (Expert) 27 October 2015
You do not want to file any case and still want to take action. What do you really want from this forum.

Guest (Expert) 27 October 2015
Seek the Help of Elders in both the Families and Amicably Sort out your Issues.If you live separately Your child will be the sufferer with out Parental Care from Father.Think of It and Decide

vaani (Querist) 27 October 2015
thank you for the reply

I just want to know whether he can take any action on me as i am staying away from him like custody of child etc.,.
if he can take such actions how should i proceed.

Mr.Rajkumar such amicable solutions and panchayaths with elders have been done soo many times but no use he again starts the same kind of beaviour starts beating for small small issues snatches away my phone from me.

Guest (Expert) 27 October 2015
Let him start the Process and you could Defend Stating and Explaining about his Nature and Cruelty.Normally the Father would be Given Only Visiting Rights To Meet the Children.Better You Could take him to Counselling with Good Counselors who could Treat him to Change his behaviour.

Rajendra K Goyal (Expert) 27 October 2015
You are likely to be tortured further / avoided / abandoned till you take any action. Without court orders you are not likely to get any maintenance for either of you. you can file case at your paternal place / place you are living presently.

He can file case for restitution of conjugal rights which may not be much fruitful.

Would get nothing / even your inaction would not be recognised till you fight.

Guest (Expert) 27 October 2015
Your Nature of Complaint against Your Husband is almost like Children's fight.

vaani (Querist) 27 October 2015
thank u all for the reply

i have suffered a lot previously i have lodged complaint of 498A and DVC before but he has taken antipatory bail and with regards to DVC he never attented court i think only once he came and gave some amount.i was the one roaming around courts.
later he came saying i would comprimise take care of my wife that this he was ok for few days later again same thing started even his parents doesnt respond to anything happening even after reuion we had lot of times sittings with elder people but even in those meetings he is always shouting in loud voice not even respecting the elders who later they say to me only comprimise and go.. but after going back with in aweek again the same situation starts...hence fed up with all this two weeks back i came to my parents place and decided to stay away from him..
as of now i havent received any kind reponse from him......

Guest (Expert) 27 October 2015
If you are Serious and confident Consult and appoint a Local good advocate in Hyderabad it self and Proceed Legally Before your husband could File any Thing in bengaluru Which would make you Un comfortable in travelling.

K.S.Srinivas (Expert) 28 October 2015
I agree with Sri Rejendra K Goyal.

vaani (Querist) 29 October 2015
thank you sir

i would like to proceed legally what is process to be followed.

how can i attach previous cases into the same, as i think my husband has preplanned from before itself his comprimise also was a drama just to withdraw the previous cases i filled on him later torture me.

T. Kalaiselvan, Advocate (Expert) 01 November 2015
If you are sure that your husband enacted a perfectly planned drama to get rid of the police case and the DV case, you are to emerge more smarter than him this time by once again filing the same number of cases with full vigor and tr to teach him a proper lesson. You can also file maintenance case for you both.

vaani (Querist) 16 November 2015
Thanks for the inputs given before
I want to take divorce from my husband request you to let me how to proceed and details if any.

vaani (Querist) 06 December 2015
kindly reply

vaani (Querist) 28 January 2016
kindly let me if i have to submit all the original documents of previous cases filled to my lawyer to file a divorce

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