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raika (m)     17 April 2012

Divorce proceedings

Dear Members,

I am a 40 year old woman..married for 19 years. I have an 18 year old son.I had a love marriage. Soon after our marriage, i realised that my husband is not trasparent about his financial dealings and earnings. I had a son after an year. He has a neurological problem since birth. i started my boutique when my son was 2 to earn pocket money for myself and my son.3-4 years passed.  Slowly, my husband and i grew apart and began arguing a lot. He strted coming home late every night.  During this time, I befriended my cousin's bro-in-law at a family wedding and we started talking frequently. He was marrried with daughter as old as my son. We grew close and i realised that soon I was in a relationship with him. Meanwhile, i shut down my boutique and strted imports business with my brother. I travelled to many countries and the business was successful. I became more emotionally detached with my husband and grew closer to the new person in my life. We were in love. On some occsions, my husband questioned about my whereabouts and i would lie everytime. This affair lasted for 10 years. About 5 years back, my husband saw me and my boy friend holding hands together at a restaurant and took me home and beat me. I cried  and confessed that i loved somebody else. He was veryy angry and asked me to leave his house. He even told my parents and family about this.That time, i thought since he is so angry and hurt, its better to leave the house. I wanted divorce but after a few days, my husband cooled down and was willing to accept me back. However, i was adamant on divorce and being with my paramour. I stayed at my parents palce for 10 months. Started missing my son and was forced by my parents to go back to my family and son. During this time, my husband became friends with another lady. That time my husband allowed me to come back coz of my son's health. Soon after i came back, i realised that he has got very close to his new friend who is a divorcee. I moved out to another room and started communicating with my boy friend again(we had stopped talking for 10 months only). I and my husband had no physical relations during this time. I am living in my husband's house  for the past 4 years now in a different room. About a year and a half back, my boy friend dumped me saying he wants to be with his wife and daughter. Last year, my husband has filed a case for divorce. 

My problem is that now, since my friend is also not with me, i don't want to go back to my parents' place. My son does not speak with me since 5 years since he got to know about my affair. I want my son's love back. Despite living in a joint family, no one including my in-laws, my husband's bro, sis and extended family talk to me. I am not included in family poojas and functions. I am contesting the divorce case and have filed a domestic violence case against my nhusband and mother in law. The house we live in is in my m-i-l's name and she has filed another case in district court against me and my husband to evict us. I am contesting that case too. My parents are very richa nd they are supporting me financially. I am a healer by profession. I do theta haeling workshops and earn enough to support my expenses. but, off late i ahve curtailed my work info on internet to claim maintenance from my husband. I ahve all my jewellery and personal belongings with me. 

I don't want divorce, as I want my son to get ok with me. My husband is fiercely fighting the case as he wants to settle with the girl he  loves now. 

Members, please advise, how can i delay court proceedings. My husband has my love letters and recordings as proof of my affair. My in-laws hate me and are not willing to  aacept me as a daughter in law. They were always good to me but i had to file case against them to defend my case. 

my husband openly abuses me all the time, saying he cannot forgive me ever. He even hacks my email accounts to get more clues about my affair. I have been maintaining in court that i want to reconcile, but i just want to live there. 

Can my mother-in-law force me out of the house if my husband leaves that house? What rights can i have?

How much maintainence can i ask for? My boyfriend's wife also willing to appear as a witeness in court from my husband's side. Onthe other hand, i don't have any proof of my husband's affair. 



Learning

 7 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     17 April 2012

Hmmm,

 

On what grounds the divorce is presented in the court? If he can prove your behavior, divorce would be granted. 

 

Your right to maintenance is secured. 

 

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Shantanu Wavhal (Worker)     18 April 2012

Alas !

the lady has ruined her own life.

raika (m)     18 April 2012

My husband has filed the divorce case on grounds of mental torture and dessertion. To be honest, i have no feelings or regards for him left now or anyone in the family. My aim is to harass them, since my in-laws are also against me now and want their son to get married to his friend . Even my son. I come and go at my own will. I want to live there so that i can enjoy the perks and remain "married" for society. I travel with friends often and don't feel the need to inform others. My husband hurls abuses frequently at me and i give it back to him.

My in-laws have been bery good to me all the time till they got to know about my affair. I have filed DV only to claim right to live in that house. Also, i dn't want to end up as a divorcee and let my husband marry the girl of his choice.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 April 2012

The reasons you are giving to stay are not legally justifiable reasons.

 

Why don't you both sit together and end the marriage on a reasonable one time alimony./

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

raika (m)     18 April 2012

I am not stating in court that iam not willing to leave because i want the facilities. I have maintained in court and in front  of judge that i want to reconcile with my husband. Also, we cannot see each other, how can we sit and talk. My husband has no assets like property or even a car in his name. But my in-laws oare financially stable. H has not given a clear record of his income. My parents are very rich, so whatever maintenance he will offer won't be of much interest to me anyways. Also, i want to keep an eye on my son since he is 18 ..even if he abuses me and hates me. I feel he should not have been told about my affair. But my boy friend's daughter contacted him and insulted him for being related to me. 

Basically, all i want is to make him suffer.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 April 2012

Oooh Vengeance, sweet revenge.

 

Law is not meant for that. I doubt any rightful person would advise about that.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Shantanu Wavhal (Worker)     18 April 2012

perverse, rich, spoiled personality

such a person should not be helped out - just to seek revenge & spoil several lives

 

GONE CASE !!


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