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Case of domestic voilence

Page no : 2

Samir N (2HelpU) (Business)     02 January 2016

Divorce and annulments are two INDEPENDENT ways of separation and the two are not necessarily mutually exclusive.  In other words, a party can file for divorce and as an alternate prayer, seek annulment.  For example, the husband is treated with cruelty by wife and the husband also finds out that his wife was earlier married but never divorced from the first husband. He can file a divorce as the primary relief and anulment as the alternate relief or vice-versa. He cannot ask for both because in that sense they are mutually exclusive - that is - if the marriage is annuled, there can be no divorce.


In your case, YES, from a legal perspective, he can file for annulment even though he may be guilty of dowry, domestic violence, etc.  Though this may not be the answer you wanted, the truth is that you may prevail in your dv, dowry, etc. cases and he too may be succesful in anulling the marriage. Why? Because dv is applicable even for unmarried couples. As for dowry case, can it be filed if the marriage was anulled? I do not know. You can read on the criminal section that is applicable or perhaps someone knowledgeable in that area can help.  


Disclaimer: I am NOT an advocate. It seems that you are extremely shaken up so I want to make this express disclaimer because I may be wrong and someone else may clarify otherwise. 

Samir N (2HelpU) (Business)     02 January 2016

One more thing... no Court can "force" you for divorce but divorce can be granted on petition by the other party, despite your opposition, if the cause(s) specified in the petition are just.   The same is true for anulment. Your mere opposition does not suffice. You need to show why the arguments presented by your husband for nullification of marriage are not factually correct or that the law is not applicable to the facts stated by him or both. If you do not do anything about it, an Ex Parte order may be passed.   

jaig   03 January 2016

Your family made a huge cash transaction, would you be able to provide any evidence when time comes ? e.g. your bank withdrawal, their bank deposit, any big purchase they made subsequently etc. Did they actually buy the car out of that money after marriage ? A big purchase like that is difficult to hide. Then you should definitely probe that.

You did PGDM in HR. Madam, why don't you tell that you are an MBA ! I think people are aware that MBA and PGDM are the same thing (all business schools even IIM's give the degree as PGDM).

Your salary is 15K, what is his salary ? Did you husband snatch or take away your salary from you ? If that is your complain that you were forced to bear expenses of your very own household, the next question would be : did your husband spend his own salary on his sister or something other than the benefit of the family (it could be investment, loan payment etc.)

No offence to you, but there are cases where the wife dragged the husband on DV (economic deprivation clause) for he paid utility bills out of wife's credit card. Many wives, even educated earning wives believe that household and all common expenses are husband's sole burden, her income is her very own personal thing and she is free from any liability as to how she spends her money :)

So you must have implicated the sister-in-law in DV. What did you do during the 15-20 days you spent in her house ? During that honeymoon period wife is mostly treated as guest. Did you cook in same kitchen with her ? In short was the relation among you two of domestic nature or not. Are the subsequent visits just social visits ? A sister who has only a brother left (parents hostile), nothing wrong in visiting her brother as such. However if she took part in beating that's a different thing. Was she physically present during the beating ? If yes, you should really include her.

I must admit here that I am no lawyer, just advice seeker in this forum. So please dont take offense at my answer. I am facing DV case, which my wife filed with the sole purpose of punishing me/teach me lesson (though in my case the allegations are frivolous, no beating). Yet I dont feel any brotherhood with your husband (as suggested by Mr. Prabhakar), or anybody for that matter who treats his wife like that. Your allegations are very serious, either you were grossly wronged or you are big time liar. Court will decide that. I pray the truth wins in the long run, and you win the case if you are true.

So I am just curious about what women do after filing such cases ? as clearly its damn easy to file a case, but what after that ? How far do the women go to pursue those. And trust me, at this point it will also help you to know how a husband thinks, because you have a long way to deal with one. You have already filed case, now you have little to do, mostly wait for the dates what moves he make.

Has he got the summons with such serious charges ? Did he contact you after that? .. requesting you to withdaw your case and begging you to relieve him ? If he did, then bingo ! you got what you want. But clearly its not the case, since 5 months passed. So apparently he accepted your challenge, and he will fight to exonerate himself, just like what anybody does when implicated with criminal charges such as murder/assault.

Here's my advice, which you won't get from lawyers but only from a husband who hinself undergone such case, and that's me. This is my take:

You only fight for truth. Fight for the wrongs done to you. But before you embark on that fight, cut off the last hope of reconciliation and restoring family life with the same husband. Your husband is a hineous criminal and you are the victim - there cannot be any terms negotiation between a victim and her perpetrator.

It is ridiculous bothways, if the victm is true, it's as ridiculous as a dog which goes back to rub its butt against the same belt whith which it was spanked daily. If the allegations are false, its as ridiculous as sleeping with a dog at home which had already bitten you ! (I heard this analogy from a friend).

--------------------------------------------------
Like Adv. Prabhakar said, Some men who did same thing to their wives discourage others in this forum to file such cases like DV/498A. I completely agree with Mr. Prabhakar - they are just cowards. I in fact encourage every woman to file such cases. I can't describe how throughly I am enjoying my battle today, though I spent days in fear initially, and thank my wife for filing DV against me. I drag the case for a year leaving her to itch herself why I am not feared and coming to compromise, and postponing dates raising her hopes of getting lofty monetary relief. Because she still doesn't know how much and what evidences I do possess.

I really wish my wife had also filed 498A along with Domestic Violence against me, maybe I should send her to you Mr. Prabhakar. Please convince my wife to file 498A as well :)
Mr. Prabhakar, I respect you and lawyers here (you have answered my query before), please excuse my sarcasm here. But I think these laws are some real boon in disguise for husbands as well, assuming the husband is innocent and eventually wins the case. False implication in DV/498A qualifies as cruelty and ground for divorce. So you see the point ? Always encourage 498A. If the wife is true she will get justice, and if not the husband will get an easy ground for divorce. It's a sweet boon for lazy guys like me who dont wanna take the trouble of filing case first.

So madam, I think that's what your husband it waiting for. it is immaterial what his behaviour is, focus on how you will establish your version with evidences in the court as he denied them. Your only goal should be proving him wrong and convict him.

anishamital (n/a)     05 April 2016

Dear Experts,

Seeking your experienced advice . In continuation to the above mail, my domestic voilence complaint is right now going in parliament mediation since three months. Our mediator was advised us to talk amicably and try to work out your difference .Since we both want to give a chance to our relationship. But every time my husband putted a new condition in front of me. Before 2 months he was putted an option in front of me that we both need to withdraw the cases. As he said that he has a guilty but he will not accept it in the court in any case.I said ok.After that he started talking to me as advised my our mediator.Now recently we had an mediation date  and before date he called me and my father to meet her sister and brother in law. Becoz he can take me back only when her sister will agree on it. We met with them. But her sister putted an option that I can only come back only in one condition. I have to give in writing that i have filed a false against them.Then only I can save my marriage else meri sister in law divorce kara lengi apni brother ka at any cost chahye unhe kisi bhi haad tak jaana pade. Initially i was shocked becoz i was in impression ki shayad meri sister in law and mera husband humhare relation ko save karna chahte h. But unka dhamki dene ki adaat abhi ni nahi gaye.Please guide me..Bacause i have filled a true complaint and cases aginast them.But now i have to think very carefully and cautiously and take a decision. As you all know that court m cases sirf max to max 4-5 saal tak chalte h. I don't want to give him divorce. This is our second marriage and i am not interested to re-marry. But my sister in law was said to me ki divorce to tumhme mere brother kon dena padega nahi to agar wo kahi aur shaadi kar lega to kaise pata karogi. I was shocked but meri sister in law mere husband ki third marriage ki baat kar rahi thi.So you all lawyers are expert and know better than me what is in their mind. Request you to kindly suggest. Kya mujhe apne husband ko mutual understanding se divorce de dena chahiye. Ya fhir what you all suggest me. Kindly guide me. 

Born Fighter (xxx)     06 April 2016

498a/DV cases work better when the husband surrenders to reconcile at terms of wife OR when he surrenders for a hefty alimony in lieu of divorce. In both the cases the husband wants to get an immediate solution. But when the husband is not in a hurry and decides to turn the tables and fight back then these cases prove to be a tool of harrasment inh the hands of the husband nfor most of the false cases filed by women , its the men who get the upper hand after 2-3yrs of battle. In this case its the husbands second marriage and has a legal advisor (his sister) at his free disposal so reconciliation at terms of the wife seems pretty difficult.

 

Anishaji, if u wanted to save the marriage you should have tried all means to save the marriage by involving elders/marriage counselling etc instead of seeking police/legal relief.

 

Put a hand on ur heart and ask urself if charges u pressed against ur husband where all correct /all worng or mix of them, and then it will be easy for u to decide on what terms u want to reconcile. Marriage is not easy ( u know it better and we all know it by now), it needs compromises and loads of understanding. 

 

Pls keep egos aside. Your husband is trying to protect himself and ensuring that hes not in the same situation again post reconciliation as there are many women who come back with a hidden agenda to destroy the husband even more. Pls note there is ZERO TRUST from both the sides. Let there be 4-5 meetings, dont take nasty decisions due to egos. While saying so u also protect urself legally as its not wise to give in writing that u filed a false case either.

 

Dono miya biwi milkar sulah kar lo.....................jab problem create kiya hai to solution bhi niklega......bass SAMAJDHARI ki jaroorat hai.

 

KISHAN DUTT RETD JUDGE (RETIRED JUDICIAL OFFICER)     21 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert


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