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SSB (HR)     29 May 2012

Need guidance...

Dear members,

I am very new to this forum and need urgent help.

I married for last 2.5years with one year old daughter. My husband and me are working. On 25th Mar'2012 due to his extra marital affair i argue with him and he left the house with his personal belongings and forced me to either leave my parents or him. I told my parents and went to police that same day and filed a written compalint not FIR. At police station my husband admitted that he is involved with another girl and want to give another chance to the marriage. But he didnt came back. He even geave notice to our landlord to vacate the house in which we were living within one month as he diidnt came back and stayed with his parents in delhi and i with my parents in Ghaziabad.

Now after two months he is denying that he is not involved with any girl and needs mutual divorce. Moreover he has also filed a written complaint to the police station that we (my parents and sister including me) are mentally torturing him. Has taken all his house items, jewellery everything. He is also makin false allegations on my father that he is the one who is breaking our marriage. Continuously abusing my father. He and his family members does not love my daughter. 

And one important thing that after 25th mar'2012 my husband father had lagally disowned him, me and my daughter from there movable and immovable property.

Now my husband continuously messaging me saying that he will not live me and left me.

Dont know waht to do. Should i go for divorce? I do want to live with him as i love him unconditionally but circumstances are not like that. I am afraid that if i got late i taking any action he might a file a case.

 

Kindly guide me what can i do now. What are the options.Should i stay calm and wait or ???

I know my message is very long. Thanks in anticipation.

Regards,

SSB



Learning

 9 Replies

Adv. Chandrasekhar (Advocate)     29 May 2012

The action on your part depends upon the fact that what you want? If you want to stay with him despite his extramarital affair, that is upto you.  If you do not want to stay with him, then also there is no compulsion for you that you should give divorce to him.  If you want to forget him and remarry to a nice guy, then divorce will be an option to you. If that is so, then go for mutual consent divorce, which can be concluded six months from the date of petition.  If it is a contested divorce by him, he will lose the case.  If it is a contested divorce by you on the ground of adultery, you will also lose the case because it is very difficult to prove this fact in court of law.  If you follow the wait and watch policy, there are two impediments before you.  First, he has no responsibility of maintaing either you or your child.  second, his physical urge is being satisfied with his girl friend.  As long as he keeps his girl friend in dark that divorce case against you is pending and once he gets the divorce, he will marry her, she will dance according to his tunes.  Your waiting will be forever.  So, I suggest you to file Section 125 maintenance case for the maintenance of yourself and your child.  As you are working, it may be difficult for you to get maintenance, i your child will certainly get it.  Further, the purpose of filing maintenance case is that you can meet your husband inn court and in court you can insist the court to send both the parties for mediation for patch up the situation.

SSB (HR)     29 May 2012

Sir, can i demand alimony from him. He has spoiled my life.

And can he also file any case against me and father? as he is putting wrong allegations like we have all his belongings.

Adv. Chandrasekhar (Advocate)     29 May 2012

Yes, madam.  You can ask for maintenance for yourself and child.  If he filed false cases, you have to contest them.  There is no other way.  If your stridhan is retained by him, you can ask for the same and if he fails to return it, you can file case for it.  If he demands for dowry, you can file case against him for dowry demand.  But before filing cases, remember, you want to live with him.  So carefully chart out the plan so that "na danda toote ....na samp mare".

1 Like

Rajeev Kumar (Lawyer/Advocate)     29 May 2012

Yes you can seek permanent alimony if you have already decided to dissolute the marriage. Where as the question of filing false cases against you and your family members lies it may be possible. It is my advise to you keep the copy of complaint which you have lodged and your husband admitted his extra marital affair with other girl because it is before your husband complaint.
1 Like

Ranee....... (NA)     29 May 2012

In- laws have disowned your husband that means they want to avoid you so that you can not ask residential right in their property or want to save them from different cases after discussion with their advocate.  dont initiate any case first from your side if you want to continue the relation but this  will not be fruitful and as this kind of person never change.

Better get divorce from this lusty man who even do not care for his child.

 

Save those sms he has sent to you.

1 Like

SSB (HR)     30 May 2012

Dear Sir, He is not demanding dowry..just demading mutual divorce and saying that he will not give maintenance to the child also. Moreover my streedhan is with his father who has debarred us from evrything, so can still demand for it??

SSB (HR)     30 May 2012

Dear Sir, He is not demanding dowry..just demading mutual divorce and saying that he will not give maintenance to the child also. Moreover my streedhan is with his father who has debarred us from evrything, so can still demand for it??

SSB (HR)     30 May 2012

Dear Ranee, can i go to the women cell and ask them to provide us marriage councellor so that i can mediate with my husband. I know he is lusty but for my duaghters' sake i want to give marriage a second chance. is it wrong? i do not want to make false statements against him as i love him very much but i am very afraid that he will make false allegations against me and family.

Moreover kindly let me know that can i send you a PM.?

Regards,

 

SSB

fire lawyer (Lawyer)     30 May 2012

Before he take an action you just file a case against him.File a divorce and cheat case on him.Take alimony also since it will be required for you and your daughter's bright future.


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