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Username12345 (1)     07 February 2018

498A, Dvcc, divorce and maintenance

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 pls give your suggestions.


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 3 Replies

Bhuneshwari Devi   07 February 2018

Mam sorry to hear that you can do few things

1- It's not clear if you have agreed for divorce on the terms of non payment of alimony to child.If not then  file application in divoce proceeding itself for maintainace.

2- Don't take the legal pressure if you want justice then you have to fight,

3. You are a women not a product that some one can just use you and disappear and then blackmail you for freedom.

4. You have your rights to get divorce and also to get maintaince for minor  boy and unmarried girl.Take your rights with head high.

Krishna   07 February 2018

Dear members and site administrator,
Please remove Adv Raj Malhothra, posting repeatedly and using filthy language. I think he must be a psycho and wife have left him long back.

Username12345 (1)     07 February 2018

Thank you Bhuvaneshwari ji and Krishna ji for your suggestions. Thanks Krishna ji for observing how bad language the person is using.

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