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Justice 4all (na)     02 June 2014

498a help

I am a Muslim girl, a postgraduate and got married in 2011 into a very reputed family . His family indicated that in their family all daughter in laws come well laiden with gold otherwise they wud lose statute in society. My father gave me a car and gold ornaments which I wasn't allowed to use and my husband started abusing me after the first month of marriage itself , he hit me multiple times, dragged me down the stairs on an everyday basis.I was not allowed to leave the house without him. He broke my cell phone so that I wouldn't call my parents. He took me to meet them only once in a blue moon and in that too he didn't let me talk to anyone on a one to one basis. His parents supported his actions and told me not to trouble my parents mother sensed that I am not happy, she called me on the land line and all I said to her was to come and get me. My mother came and got me home with her and called my in laws to confront them , they denied everything and I had made up my mind to not go back but then I found out that I was pregnant. My parents told me to reconsider my decision . During pregnancy my mother in law starved me and pressurised me to hint to my parents to pay the expensive hospital bill but I didn't do so and because of that after my delivery of a baby boy they threw my mother and sister out of hospital room. I was made to get back to household work immediately after getting released from the hospital. My family is exceptionally decent and they told me to try to win my husband with love. I tried everything but the abuse continued. After 2 yrs of marriage he allowed me to go to my maternal home once a week but after my husband and in laws boycotted me and nobody talked to me. After 3 yrs of marriage, he still abused my parents and made demands and told me to get out of my house. my patience gave up and I couldn't take it any more. I called my father and he came to get me but my husband snatched away my son and told me to get out and forget about my son.He has my passport , Pan card and my degrees. I filed an FIR of 498 a and police helped me get my son. My husband's family is very rich and influential. They buy off every lawyer that we hire. He also said that no matter what he will take my son from me. All I want is to get away from him with my son. I also want my degrees,ID proofs and things given by my father. Please suggest a good lawyer in lucknow and tips for court mediation. I feel very helpless because these people are very influencial. Please tell me what else can I do


 3 Replies

Laxmi Kant Joshi (Advocate )     02 June 2014

i have read your post i suggest you don 't bear any type of violence upon you , it seems that your husband and in laws are greedy persons they want to extort money from your parents for that they are torturing you , they people are dangerous for your life you had done well to file 498a against them , engage a good lawyer for your case and file 323/504/506/406 ipc against them , also file dv case u/s 18,19,20,22,23 , ask your stridhan u/s 19(8)of DV act and maintenance for you and your baby u/s 20(d) of dv act or in crpc 125 , don't leave them and mind one thing don't file divorce first let him do , don't be ready for that if they approach you ask more than 50 lacs besides your mehar , if they threatens you record all the conversation in your phone and make the police report with the help of your lawyer .

Justice 4all (na)     02 June 2014

Thank you Mr Laxmi Kant for your reply . The court mediator told me to go back for the sake of my son. My husband is saying that he will change. But I don't believe him. I have another mediation scheduled this week. I don't know what to say in the mediation. My lawyer it seems is supporting my husband and it's possible that he was bribed. Also I don't have medical reports for injuries since I couldn't see a doctor. I was not even allowed to meet neighbours. Please tell me what is eligible as evidence in dv case and also what should I say in mediation now. Also please tell me if he can get custody of my child and what I should do to get my child's custody

Laxmi Kant Joshi (Advocate )     02 June 2014

First be firm that you want to cohabitat with him or not if yes then don't forget past days these types of persons never change , you are there as a prisioner lives in the jail he has liberty to talk to express his views etc but you don't there , life is too small if it will waste in waiting one day everything will be o.k. then you will waste whole of your life without getting anything , talk to your elders and take a firm decision, he can not get the custody of the child at The age of 5 years he can get only visitation rights , you are an educated girl you can easily get a better job but first get the alimony after that do job and then marry to a suitable man of your choice .

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