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Separation / divorce

Querist : Anonymous (Querist) 11 July 2018 This query is : Resolved 
Hello !

My husband and I met on His Profile mentions that he is an MBA, has technical back ground and is from an affluent family. He said he and was working on a very big project along with some capitalist which costs in crores and would soon go live.( within two months of knowing each other, he said he has lost everything and gone bankrupt) He wanted to start a charitable multi-speciality hospital work for the betterment of the society and so on... He posed to be a very honest man so I believed what he said. I have done my Bachelors in Engineering (BE) and was working with an MNC.

Just before he proposed me for marriage he said he is working on a project and wants to start it with the help of some investors. In fact, when he came to meet me for the first time, he went to company and has a discussion with them regarding the project. After marriage he wanted me to work with him so that we both can lead a good life and contribute to the society as well.

Married for : 5 yrs.

A few months after marriage he said he could not get any investors. He did not want to join any work so I said I will start working again till he is able to get the investments, he did not let me join work again.

Before marriage he said he does not want any dowry. But now he makes subtle efforts to extract money, but does not voice it out as the dowry laws are strict. He often blames me that I am not contributing anything to the family and he is in huge debt( he has borrowed money from his siblings without involving me)

We both live in an independent house. We do not have any relatives here. He locks me inside the house right from the begining of the marriage. Hardly, he takes me out and ensures that nobody speak to me. He has isolated me from everybody from my family members, his family and the rest of the world. I am fed up of his controlling and manipulating behaviour.

He often starts fighting and intimidating me for simple things. He starts shouting violently that I get frightened. He also used to physically abuse me. He appologizes every time and promises that he will never do it again. Once during the fight he got sattur & threatened to cut me into pieces. He often threatens me saying, if I try to file a police complaint or seek separation from him he will destroy my entire family.

I have got fertility issues. Two years before gynaecologists said that if we want to have kids we will have to immediately rush for IVF taking into consideration our age(I am 39 years and he is 47 yrs now). Till date, my husband has not been able to earn enough money to get the treatment done.

He is suffering from an autoimmune skin disease from several years which will not let him father a child or it is difficult to do so. He did not inform me about it before marriage( as per the law he should have). Atleast now, he is not willing to get the treatment done. He simply blames me for not getting children. Few weeks before, I told him that he cannot simply blame me, he will also have to undergo the tests and get the treatment done, so he has started abusing me more violently.

I have got thryoid (got to know after marriage) and have been suffering from severe gastric problem ( started after 6 months of marriage). It is because of stress. He has some medical knowledge so instead of taking me to the right doctor he used to force me to take high end antibiotics which has made the problem worst. He did not get the treatment done at the right time, now I am an advanced medicines which will have a negative impact on my overall health.

My mother is diabetic and has heart problem too and my father is no more. During a fight he called my mother and quarelled with her, the next day she was admitted to the hospital, she was in ICU. He dropped me home to take care of her. While I was there I filed for
separation through Islamic Court(in April, last year) He was called in by the court, he pleaded and apologized and said he wants two months of time, if I am still unhappy with him he will agree for the separation. They agreed for it. But now, he is refusing for the
separation and has become more violent and abusive. He says he will call his siblings and ask them to handle me.

Before marriage, he showed encouragement and keen interest in my thoughts. He promised me that together we will achieve our dreams but after marriage he has kept me as a hostage and has shut down the entire world for me.

He has no constant source of income and no savings for the future (insurance, property). And he is in huge debt. He is always busy on the internet, on watsapp or helping his siblings if they need any help online. If I confront him then he says, I am a money monger, breaking his family ties etc.

I have plenty of free time so I told him that I will do an online MBA(by taking money from my mother) so that I can get a well paid job he did not let me do it. Then I appeared for Group II Prelims exam( State Service Commission) and also wanted to write Group I as well. But he did not get me the books nor did he let me attend the coaching classes.

Almost from the last five months, I have lost my interest in physical intimacy. I am on treatment for Gastritis, high stress or may be because he is abusive. Even he has problems regarding it. He rarely gets the desire.

Few days before, I insisted that he should also undergo the fertility tests. So he has become furious almost every alternate day he gives me warnings saying that if I do not participate in physical intimacy then he will force himself on me.

I want to take a divorce from him, just want to go away and lead a normal life. He does not want to let me go because he knows " what being lonely is" and also for the fear of the society.

I watch the serial " Crime Patrol" so I understand that things can go right at and at the same time they can go terribly wrong too. My husband is very cunning and smart, he can fake that he has got a heart problem(he had done that before as well) or can take the help of his friends who are very influencial to stop me from going away. He has also threatened me multiple times that he will destroy my entire family, if I file a police complaint or try to go away from him. He will not even hesitate to kill me if he comes to know that I have
approached you. He is a man full of grudges so I am scared that trying to go away from him I might put my entire family in danger.

Please advice me on the following and oblige:

Will a lawyer be able to rescue me from my home(from his captivity) by filing a police complaint ?
What charges will be applicable on my husband?
Will I and my family be safe, if I file for divorce ?

He is the son of a lawyer and knows all the loopholes and clauses. What would be the right approach as per the law.

Dr J C Vashista Online (Expert) 12 July 2018
No time for such long story.
Consult a local lawyer.
Ms.Usha Kapoor (Expert) 13 July 2018
I agree with Vashista
Ms.Usha Kapoor (Expert) 13 July 2018
I agree with Vashista.
Ms.Usha Kapoor (Expert) 13 July 2018
I agree with Vashista.

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