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Ruby   18 September 2016

Divorce

my husband lied to me before marriage regarding his education, job and , cast  and got married, after that he was not working anywhere and when my parent  used to ask he always lied , when first time i got to know about his degree and education, and the money my parent gave him in wedding  he had beat me with cureality and I was so shocked, around six month later somehow he got student visa for UK and without telling me was preparing to leave me here in India, he said i was going to call you once reached there. 2 month later i reached there and in that period his parents was harassing me too much by calling my parent and was saying that i do have some mental problem, when i reached UK I was not planning to work but he was applying jobs only for me and want me to work, i did started working over there and started to save money, he was started behave differently , he talked to his parents but did not tell me , his parents never called me there. I got to know that his parents still sending money and he is hiding this to me when i asked he started beating me , every time if i asked he beat me very curly , i went hospital 3 times over there and finally i made police report against him in UK he was in lockup  for one day , he came out with warning. after that I came to India for my sister's wedding, here I got to know that his brother was also planning to go london for his graduation, my husband didn't told me about it and hiding all these things from , when i returned he said we will go to canada and you can apply for MBA so you can go and i will on spouse visa , once you will reach there I can come after two months , but he didn't come and not only this he changed his phone no and his all family changed their phone numbers and was not talking to me, i was all alone and there was fee which i need to pay within two months as I was on student visa and business fee was remaining, somehow i found their relative phone numbers and called them that he is not taking my phone and then he started to talk to me.

All these years he was lying on small things and i have finished my degree and calling him to Canada but he didn't come i visited three times and when realized that he won't come then i left my job and came to india and want to start my family , but after coming here i found new story that he was disowned by his parent and i and he can not live in his house , when i said ok we can find renting place then he started to say that we can not live together and i do not want to have baby ever , as now i became 37 and doctors said it's hard to be get conceived in this age and he also got diabetic and have cholesterol problems, and started to sleep in different room and behaving like we are not having any kind of relation in front of his relative and family members , and started to say that we should get separated and i need divorce. I came back in March 2015 and from that time he is torturing me by beating me and verbally, finally i made police report in september 2016 when he tried to kill me by choking my neck.

Please let me know what should i do , at present i am not working and do not have any house or flat and not have enough money to buy it , feeling very weak on mentally level and harassed. Please help me  



Learning

 14 Replies

KS Johal   18 September 2016

Try to see if you can settle things without Court action, otherwise a lot of money will be wasted by attending court.

KS Johal   18 September 2016

Try to see if you can settle things without Court action, otherwise a lot of money will be wasted by attending court.

KS Johal   18 September 2016

Try to see if you can settle things without Court action, otherwise a lot of money will be wasted by attending court.

Ruby   18 September 2016

Thanks Martin... regarding children I was telling him from last six years but he and his family was hiding things from me, probably he have some kind of relevant problem which I still do not know as his father is doctor and how things work here in India , don't you think that I have right to have children and because of his problem I am going to suffer now..

Ruby   18 September 2016

Thanks Martin... regarding children I was telling him from last six years but he and his family was hiding things from me, probably he have some kind of relevant problem which I still do not know as his father is doctor and how things work here in India , don't you think that I have right to have children and because of his problem I am going to suffer now..

Ruby   18 September 2016

Thanks Johal ..... for settlement also I need to go for filing case ?as he was threatening me from last one and half year that he will give me divorce and not living a normal life ,torchering me etc.

(Guest)
Yry to adopt one child.dont try pregnancy its very high risk and some congenital more especial after 35 and ur in stress.better to settle outside court

A walk alone (-)     18 September 2016

Try MCD. Filing cases are wastage of time and money. Court only gives dates. Nothing you can expect from court. It's better to solve family matters in four wall instead of wasting time and money in court. As you already file case through this try MCD. Chances of getting maintenance is less because you have job experience in foreign country. Go MCD. Try to forget all , get some job and start a new life. Child is not a big thing if you are capable, earns well ,you can adopt any child from anath asram. You can be a single mother and can make a bright future of child. I know its difficult in India to brought up child being a single mother ( because India is a man based country) but its not impossible.

whatnot   18 September 2016

@ Ruby,

If the following sentence is true

 

started to sleep in different room and behaving like we are not having any kind of relation in front of his relative and family members , and started to say that we should get separated and i need divorce. I came back in March 2015 and from that time he is torturing me by beating me and verbally, finally i made police report in september 2016 when he tried to kill me by choking my neck.

 

 

then you can file divorce. But since he is moving to MCD. Better go in that direction.

There is no point in crying over spilled milk.

Time to move on.

May life treat you fair and square in coming years.

Good luck

anil   18 September 2016

Ruby : i feel pain when genuine people got cheated , if your case is genuine then try to avoid legal battle , get MCD start new life then teach then leson by other means / cases , first secure your remaining life. do not run for money as if he is not earning then its very difficult to get it, at present you can file crpc 125 for maintenance , but you have to prove that you have not left his home and with all abroad exp. and degrees you are not able to work due to change in mindset/health issue .

In MCD do not mention about past-present-future alimony. and furture cases if you are going to file. try to get a general MCD , it will take around 1 months to 2 years depending upon merrits from date of filing.

find out on what ground judge can give you divorce , as just filing MCD / Divorceis not enough - see J&K chief minister case today- 

if you do not want divorce then try to accept reality and settle down with same person.

whatever you written in police complaint just use it for divorce, if you goiing for 498,406 , then at present you are 35, by the time case settles you might be at 45, as you told your in laws are Dr , lived in UK so it means they have money to fight case or drag it as per loopholes in LAW and lots of cases comming daily due to this getting frequent dates is next to imposible.

Just to show my experience : i m fighting a civil property case from last 21 years and it is still at trial court, even today i can't recall how many judges got changed in this time without looking in depth of my case history, many Gawaah now in court of GOD and one opposition party member is also in heaven due to natural cause , but Judge is not listening , even compromise at lok adalat got failed due to default in payment.


(Guest)

Agree with few advices given already, time n tide wait for none.  The so called women centric laws which are supposed to help the women actually do not help the women at all.  Reason, relief should be gotten at the right time, not after patient is dead. Correct?  Indian laws are no doubt framed to help the Indian citizen, but the tortoise paced judiciary coupled with skillful advocates only delay the matter so much that you wont have interest after sometime to pursue the case.  Take example of Maharaja of Mysore, who recently passed away, the court case got finished after he passed away.  Such is the system, and women come with limited shelf life.  So I suggest you go for Mutual Divorce.  Best way out for both of you.

Laxmi Kant Joshi (Advocate )     18 September 2016

You are well educated and capable to earn for youself then it's the best solution to move for mcd and get rid from each other and after that if you need you can remarry with your choice .

Ruby   20 September 2016

Thanks everybody for your suggestions , but one more advice i need here , he is asking for mcd but by that means he wants me to leave his home without anything , i need to buy/rent flat/ apartment by my own saving ( which is not enough to buy 2bhk in good locality ) and start doing job and that would be enough for my living , and some gold which i got in my marriage , he is suggesting to sell that and that would be enough for me.

while on the other hand his father have bonglow worth of more than one crore , he have 15 lakh fixed deposit which he already named to his mother two year back, (that was also suspisious things that time for me ) his mother have too much gold and silver worth of around fifty lakh and recently they brought 50 lakh plot in good locality. apart from this his father is used to say to everyone that he have one crore in his GPF. these are that sure welth i know apart from this there must be something else which i do not know, eventhough i am not running behind money , my saving is not enough to buy sufficient place for living , by the time pass my medical condition would go down , i sould have some saving for that , if i invest all saing in buying flay theh what would be for future. remarriage wont be easy in this stress situation and epecially when financily not stable. and recently i found that his parent was well awared about all his lie and they knew with all his lie no one was going to get married and that why they support him in all his lie. from last two day he is behaving that he got some kind of weapon that i cant do anything and when i came back from out he is use to come ay my room and yelling things and recording , trying to make situation so i can irrirate and he can go to police and can make police complaint againest me with his brother , last two days his voice is with full confidens that now ruby have no onther option and she had oto leave this house anyhow. kind of thrating situation for me. and last time when i made police complain he got to know automaticlly that means he already have paid them to inform him by this kind of situation. 

now let me know what should be my  next step  

sai narayana   20 September 2016

You don't have any right on self earned wealth of your in-laws. Your right is limited to proved income and assets of your husband on record that too after a prolonged legal battle.


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