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SIMMY (NO)     02 October 2011

Divorce ...divorce

WHEN CAN I APPLPY FOR DIVORCE ?

ITS BEEN MORE THAN 1 YEAR SINCE I HAV SEPRATED FROM MI HUSBAND.

HE STAYS IN AUSTRALIA AND IS ON WORK VISA THERE..

HE WENT ON STUDY VISA AND GOT IT EXTNDED ON WORK VISA..NOBODY FROM THE FAMILY HAS GOT PR..HIS FATHER IS ON DONT KNOW WHAT VISA HE HAS BEEN STAYING TEHER FOR PAST 10 YEARS AND HAS STILL NOT GOT PR.

AND HIS MOM ALSO WENT ON STUDY VISA AND GOT IT TRANFERRED ON WORK VISA AND HIS YOUNGER BROTHR HAS ALSO GONE TO AUSTRALIA ON JAN2011 AND NOW THE YUNGEST ONE IS TRYING TO GO ..AND NOTING HAS HAPPNED IN MY CASE YET , ONLY FIR HAS BEEN LODGED , WHENVER I APPROACH IO, HE SAYS, LET THE PROCEEDINGS GO, HE WOULD BE MADE PO AND WOULD BE ARRESTED WHEN HE COMES TO INDIA. BUT HOW? I DONT KNOW

I LODGED A COMPLAINT ON 27OCT2010 OF DOWRY AND TILL NOW, NOTHING HAS BEEN DONE  ,

THEY HAVE NOT EVEN ONCE SAID TO RETURN MY JEWLLERY AND MONEY .

SO WHAT ALL I SHOULD DO ?

HOW CAN I CALL HIM TO INDIA AND FACE THE LEGAL ACTION .COZ I AM SURE OF MY WINNING AS I HAVE ALL HIS PROOFS IN THE FORM OF RECORDINSG,AND CHAS, MESSGAES SENT TO MY FRIENDS ADMITTING OF BORROWING MONEY AND KEEPING ALL MY EWLLERY .

 I WAS TORTURED HERE AS WELL AS THERE FOR MORE DOWRY BUT I COULD NOT TAKE IT ANYMORE AND CALLED THE POLICE WHEN MY HUSBAND TRIED KILLING ME ..

SO I HAD LODGED A COMPLIANT ON 21SEPT 2010 AND SINCE THEN I HAV BEEN LIVING SEPRATELY AND I HAVE COME BACK TO INDIA..I HAVE HIS OWN VOICE RECORDINGS WHERE HE HAS AGREED OF HAVING ALL MY JEWLEERY AND MONEY THAT HE BORROWED FROM MY PARENTS 

 

BUT HE SAYS HE WOULD NEVER RETURN , NEITHER ANYONE FROM THE FAMILY AND HE WOULD NOT GIVE ME DIVORCE AND ALSO WOULD NOT RETUN THE MONEY HE BORROWED AND THE JEWLLERY HE HAS OF MINE ..

SO WHAT SHOULD I DO ?

HOW TO TAKE DIVORCE FROM HIM AS HE IS NOT WILLING TO DIVROCE ME ???

 

PLEASE HELP ME !!!

 

PLEASE HELP ME ASAAP



Learning

 8 Replies

Manav Kalia (Arguing my own cases..)     02 October 2011

Two things here, if you are telling the truth. Getting money and getting divorce. Divorce should be easy in basis of cruelty and desertion. Getting him to return money or gold might not be that easy. Suggest you follow advice of LCI members and contact good lawyer in your city and get him to file relevant cases. Think about what you want, only divorce or money also. All the best.. :-)
1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 October 2011

Can I file for divorce: YES YOU CAN

 

All other queries: The law would take its own course, How fast or slow, depends upon your and your lawyer's intelligence and wisdom.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

3 Like

SIMMY (NO)     05 October 2011

Mirage, 

first things first i want divorce ,, i really do not wish to be associated with such cheap people.

so my first priority is getting divorce and only divorce 

but then, i feel guilty of marrying him and my parents spending soo huge amount on my wedding and giving my husband whatever he desired as they belived he would love and take care of me as a family 

so i want all JUST MY THINGS, MONEY AND JEWLLERY BACK .. I DO NOT WANT WHAT THEY GAVE ME like estree dhan, etc ..

i just want my things ..

so just as to not 2 feel guilty abt my choice and descion ..

thank u 

SIMMY (NO)     05 October 2011

Shonee, 

thank u for ur reply..

i wish i get divorce soon ..

all these things r just affecting me soo much 

why is d law soo lame?? in new zealand after 2 years u get divore if u hav been seprated for last 2 years . 

anywaz, thank you so much :)

Manav Kalia (Arguing my own cases..)     06 October 2011

Simmy, then your choice should be very clear. File for divorce on basis of cruelty and desertion. File 406 also for return of your valuables. If you want to harass file DV and 498a also. But you should be willing to wait, it could take years, and there is no guarantee of justice here. That is my personal experience. All the best..
1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 October 2011

The law is not lame, we (our cunsels) don't want to work hard

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

SIMMY (NO)     07 October 2011

@Shonee- i agree on that 2 !! 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     07 October 2011

Simmy, you are very agreeable :P

1 Like

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