I was been abused physically and now filed for divorce

From the above:

 You work for accenture?How can you expect maintenance-unless you hide this fact from the court? If you are good and bring your employment to the knowledge of the court you may not get maintenance.If you hide this fact, then, you cannot claim to be fighting for truth!

1. Try to sort out matters amicably.

2. If 1 fails, file for recovery of Streedhan.

3. Annulment is not possible on the grounds you suggested. It would have to be either contested divorce/ Mutual consented divorce.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

@Ruchika

You first need to calm down and relax.

Now, Think. What do you want?

1. do you want to get out of all this as soon as possible and start a new life? - If yes, then try to settle the matter amicably and talk to them and ask them to return you everything. But, remember they are not going to reimburse your marriage expenses.

2. Do you want to teach them a lesson or want your revenge? - If yes, then go ahead and file 498A and DV and 406 if applicable stating only the FACTs. Remember, its very important that you state only the facts. most girls do the mistake of exaggerating things assuming this to be the best way to harass their husbands but at the end, fail to provide adequate evidence and the case gets dismissed going completely against the girl.

if your husband and in-laws have harassed for not bringing enough money or gifts, then you should file 498A on them.

if your husband has abused you verbally, physically, emotionally or financially. you should file DV on him.

if you are working you cannot get maintenance especially if you are working in such a good firm with such a good package.

once you file these cases sincerely stating only facts, you will need to wait for ATLEAST 1 year to get your streedhan back...

You will get justice if you are truthful and sincere.

Dear Ruchika

you can file a maintenance case against you husband, you can also file a DV Act and get  alomony, but you can not file divorce within one year of the marriage. if you want to file an annulment petition on fraud ground, you can but this is very difficult to prove fraud.

feel free to call

most girls do the mistake of exaggerating things assuming this to be the best way to harass their husbands but at the end, fail to provide adequate evidence and the case gets dismissed going completely against the girl.

Agreed with Shwetha.

Agreed with Shwetha this time only..

Regards

Hemant

I agree with Shwetha,

"You would get justice if you are truthful and sincere"

Both are required, diligence and sincerity.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

That true i used to but after marriage i went to US....now i am not so i have right to claim maintenance.

Kumar, 

If I slap you, spoil ur dream project and cheat and then give u this sermon will u accpt it?? There is no reason to disbelieve this suffering queriest and the culprits must be punished and she should be compansated. If one is defruded by anyone then they yell, shout, run to police, take revenge then if a innocent girl is cheated and her life is ruined how can one give such sermons. May god give same traumetic incident in life of Kumar and alike and then let us see how tolerent, forgiving they r. If Kumar is an Ad. then I want to ask if his client does not pay fees then will he move on that easily which he is preaching?

well said Alok.

Ruchika,

yes, you can claim maintenance but considering the fact that you are well educated and used to work until a couple of months ago, the amount of maintenance granted to you will definitely be less than what you can earn by getting yourself a new job. and btw, the maintenance orders also will be passed atleast after an year or so and not before that...and if your husband decided to appeal against it, it will take even longer...

a person as upset as you needs to take up a job to have some diversions...besides you will need mony to feed your lawyers and also to gather different kinds of evidence depending on your case...you can take forward your case boldly only if you are financially strong / independednt.

so please do ahead and file a petetion claiming for maintenance but dont bet on it...look for a job in the menwhile...if you dont get a job before your maintenance case comes for hearing, then you will get some maintenance and if you do get a job, then you can simply withdraw your petetion stating that yo now have a job.

Thanks everyone..i appreciate all views whether negative or positive.

Yes Shwetha i was working but as of now i am looking for a break though i am getting opportunities but the mental trauma i have gone through i am not able to concentrate anwhere..But are you sure that the maintenence will start after a year coz as far as i know it will not take much time..

Yes i will take a job after some time...

just wanted to know what actions are been taken by police against them once 498a is filed.

https://498afaq.blogspot.in/2009/07/what-is-498a-procedure-step-by-step.html

Regarding maintenance, see, not every one deserves maintenance. A woman who has eloped with her boyfriend deserting her husband cannot claim maintenance. A woman who married the man for only money and now left her matrimonial home for no valid reason cannot claim maintenance. Besides, the amount of maintenance to be granted will be fixed depending on your husband paycheck and his other liabilities.

Now, once you file for maintenance, the court will give your husband a chance to explain his part of the story as to why you are living away from him, and whether or not he has a job and if so how much does he earn and what his other liabilities are. Its only then that depending on the facts, the court will grant you maintenance. All this will normally take some time. but your husband is sure to use the loop holes in the system and certainly get it delayed. That is why it will take ATLEAST 1 year. And even after being granted the maintenance, your husband may not pay it. then you will have keep following up. Thats another pain.

If you are so disturbed and under so much trauma then you should see a psychiatrist. This will not only help you relax but will also serve as a very strong evidence in your case.

@ sam

Thanks and that goes with you too empty vessals makes lot of noise.

I am not taking anything from them which is not mine they have kept my jewellary and other belongings..and they fools us by hiding there son's mental condition.

Obviously i will want to know what are the consequences they are going to face after 498a.i have already filed that.

" Good decesions are always made with a cool mind !! Fcuking your marital relations without even trying to work out the differences is certainly sick "

How do you know that i did not tried this option and all of a sudden i came to this conclusion,,,

1. they did not let me live happily mother in law always interfering,,father in law abusing husband abusing physically , kept my new clothes , and other assets ...husband did not even fullfilled basic requirements...US is a new place altogether a new place, i was all alone , did not even had a mobile with me for one month.

2. when ever i wanted to make him understand he used to slap , used to get voilent , gave me dirty gestures.
when i complained this behaviour to his mother she said you are to weak to handle him become physically strong..now whats that from her side...i did not had work permit when i went so i was dependent and my husband used to ask me to get my FD break........whats that.

3. now i want divorce and they dont want to leave me...neither they dont want to give my belongings too.
.both my parents got retired i think you can imagine the presuure they are going through.

I wish this happens with someone close to you then probably you will understand.its easy to give lectures to others..

Its understood that one goes for a divorce when all the options are closed.

DEAR ADMINISTRATOR,

I HAVE BEEN OBSERVING FOR A QUITE SOME TIME THAT IF ANY WOMAN COMES ON THIS FORUM AND ASK ANY LEGAL ADVISE, SOME MEMBERS USE FOUL LANGUAGE AGAINST HER.  THEY ALSO RUN DOWN THE ADVOCATES WHO GIVE  REPLIES TO SUCH WOMEN ENQUIRERS.  I PUT QUITE PATIENCE AGAINST  SUCH OUTBURSTS.

BUT TIME HAS COME, DEAR ADMINISTRATOR, FOR YOU TO TAKE STRICT ACTION AGAINST SUCH SCOUNDRELS.

WE HAVE GOT PRECEDENTS IN LAW THAT PEOPLE USING FOUL LANGUAGE AGAINST SOME PERSONNEL IN GOOGLE, YAHOO, FACEBOOK ETC.  CAN BE TAKEN TO TASK. THE CASES AGAINST SUCH COMPANIES ARE GOING ON IN METROPOLITAN COURT IN DELHI.  I HOPE THAT SITUATION WILLNOT ARISE THAT THIS FAMILY FORUM WILL  BE DRAGGED INTO COURT DUE TO  THE PRESENCE OF SUCH INDECENT PEOPLE. 

ANTICIPATING STRICT ACTION AGAINST THOSE NOT HONOURABLE MEMBERS,

WARM REGARDS   

@Ruchika

Why didnt you file police complaint aganist your husband when you were in US

@Adv. Chandu 

Go back and read you previous comments. You using foul langauage dont make you law abiding citizen.