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Vilash (NA)     29 November 2012

Divorce without police complain is possible??

I am mentally and physically harrased by my  husband, father-in-low, mother-in-low and  brother-in-low with  abuses, so I have left their home with my children but they have taken my children from me and I am living right now with my relative's home since last  month. and I want to file divorce case But my  parents forcing me to go back there.  But I  don't want to go back again there.  I also  havn't filed any police complain regarding to  this.  So is it possible that I can file the Divorce case???



Learning

 5 Replies

Self service (None)     29 November 2012

Yes, you can. You said you were physically harrrassed so if you have medical reports and evidence to prove that you can file divorce.

What I feel from your posting, you and your husband in laws need some guidance and help. It is not clear what are reasons of harrassement.

Best is work out with in laws and husband, if you don't want to go back is fine. Just continue communciation and engage other relatives.

rajiv_lodha (zz)     29 November 2012

How old is the marriage? is it a hindu marriage? Do u have any proofs of their harassment 2 u

Vilash (NA)     30 November 2012

Respected Sir,

I am not getting any money or the details of the job, salary and all other things from my husband. He often drinks and says that I am his servent and I should not ask for the same...  As I have started to do job they have scolded me and told that if I'll go for job they will beat me... So I have stopped to do the same... Once my husband beated me in front of my sister and his husband...   "Aur woh lok muspe sakh khate hai ki mera kisi ke saath chakkar hai" lekin aisi koi baat nahi hai...

Mere paas unke khilaf koi evidence bhi nahi hai.... Ha lekin ek chhotasa recording hai jisme woh log mujse jaghda karte the...

Un logo ne muje bahut pareshan kar diya hai... Ab me unke paas vapas jana nahi chahti... Mai apne pero me khadi rehna chahti hu or naukari karna chahati hu kyu ki woh log ab to JAADU TONA bhi karne lage hai... Muje bahut risk lag raha hai...

To kya mai divorce ke liye file kar sakati hu?? Mene koi police case bhi nahi kiya hai to kya ye possible hai...

Aap muje koi sahi upay batayiyega...

Thanking you...

rajiv_lodha (zz)     30 November 2012

Contested divorce wil be very difficult as u do nt have enough proof. Best option is TALK ABOUT MCD WITH THE HUSBAND. And tell him clearly that u dont want any money in lieu of this MCD.

Tajobsindia (Senior Partner )     30 November 2012

1. Contact first of all a local advocate via reference or present your brief before Member Secretary legal Aid Services Center in District Court to give you  free legal aid.

2. Since you are living with your relative and is out of any earnings it is suggested to file a case under S. 125 CrPC for interim maintenance. The moment you file this case Court will send both parties for reconciliation to see possibilities if any re-union possible. Some misunderstanding may be tweaked here and you can get to see your children too.

3. Regarding divorce filing one can file but in reference to context you should make up your final mind if divorce is really necessary and without which cannot "separation" do the same thing ? In separation suit what happens is both spouse donot live under same roof and no s*xual contact is possible between them yet your added advantage here is that both of you can get time to understand and get over misunderstandings between them and also an interim application for children visitation at a neutral place can also be filed along with 'separation' suit. here also the Court  will send both parties for reconciliation to see possibilities if any re-union possible.

4. On Police complaint etc. one can file but then with criminal Law re-union are not possible and criminal law is purely based on “best silver quality evidences” Here you say you were mentally / physically tortured in a way criminal family law does come here into picture but that should be the last resort possible for usage is my view. If with “separation” family law suit you both live separately and with S,. 125 CrPC if you get interim maintenance form your husband and after few years see where you stand and then apply for conversion into ‘divorce’ then it would be better is my view.

5. May be the moment you file S. 125 CrPC interim maintenance application during mediation talks at Court who knows he may agree for Mutual Consent Divorce which is faster way to get divorce with some alimony and some visitation (or custody) of children mutually agreed between you two ?

hence try fast more or less above angles after discussion with an local advocate and see which gives you benefit as well as some sustenance money initially as your immediate priority is to stand empowered (stand on once own feet). 


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