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Tina (house wife)     25 May 2011

Domestic Violence

DEAR SIR'S I AM MARRIED FOR LAST 30 YRS AND MY HUSBAND HAS BEEN BEATING ME SINCE STARTING. I HAD A SON  AND I WAS HOPING THAT WHEN HE GROW UP HE WILL SUPPORT ME BUT WE MARRIED HIM LAST MONTH AND NOW HE WITH HER WIFE WILL BE MOVING OUT TO OTHER CITY AS THEY BOTH GOT A JOB THEIR SO I LOOSE ALL THE HOPE I HAD. BY HUSBAND STILL BEVAVES WITH ME VERY BAD AND ALSO GETS VIOLENT AT TIMES. WHAT SHOULD I DO? HE ALSO TELLS ME THAT EVEN IF I TAKE DIVORCE FROM HIM NOW AND AS WE HAVE ALREADY BEEN MARRIED FOR ALMOST MORE THEN 30 YRS I WILL NOT GET ANY HELP FROM ANY COURT AND EVEN NO MONEY. HE ALSO TOOK AWAY ALL THE CASH AND JEWELLERY I HAD. HE HAD ALSO TAKEN ABOUT 40L IN CASH FROM MY FATHER AS LOAN FOR THE MARRIAGE OF OUR SON WHICH ALSO NOW HE REFUSES TO PAYBACK. PLS PLS ADVICE ME WHAT DO I DO :( :(:(



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 15 Replies

Suhail suhail (LAWYER)     25 May 2011

It seems a socail problem rather than a legal one,it really is strange that after 30 years of marraige you are revealing things,anyway you can seek the intervention of police and court at any time,it really is a very sad episode of life.I think your silience has encouraged your husband to keep you beating but you can compalint anytime.   

Tajobsindia (Senior Partner )     25 May 2011

@ Author
 
Just few basic questions to get clarity from your post to assist / help you;

1. What is profession of your father?
2. If your father retired then in which year?
3. Is your father still working then is he in Govt. or pvt. service?
4. Are both you and your husband staying togehter at the time you wrote above briefs?
5. What was the age of your son at the time of marriage !
6. What is your husband doing by profession?
7. At the time of your marriage how much worth of jwellery given to you by your family, any rough figure will do?

Tina (house wife)     25 May 2011

1. my father is a business man
2. my fathers age is like 67 yrs
3. he into business has a shop.
4. yes we living in the same house.
5. my son's age at time of his marrige was 26yrs
6.  my husband is doing some property business
7. at the time of my marriage the jewellry they gave me must have a value of over 50-60 lacs now

Suhail suhail (LAWYER)     25 May 2011

If you really feel that you need to get real help and seek intervention of law then do consult a family lawyer who can guiede you how to get your greviences redressed.

However your husband is wrong for saying that you wont get any help from courts or penal adminstration.  

Tina (house wife)     25 May 2011

i am so afraid of him

he beat me last night too infront of my son and say will beat me infront of my sons wife

Tajobsindia (Senior Partner )     25 May 2011

@ Author

Thank you for brief facts. Could you ask yourself at this mid 50's age a question that is;

Que.: Are you comfortable to face trial before a Court for alleged acts of Domestic Violence ?

- If the answer is NO then better to live your life the way it is as such long marriage are difficult to dissolve and it is a very long drawn contested suit in various levels of Court of Law.


- If the answer is YES then be prepared to meet a ld. Advocate for filing Domestic Violence suit with protection order / maintainence order / injunction order / compensation order / physical cruelty compensation order etc. Also be prepared to file Divorce suit with 30 years of cruelties facts mentioned in it.


However, all the best.

1 Like

Tina (house wife)     25 May 2011

thanks for the advice

can u also tell me a rough idea for how much time it can take to get the divorce and for the legal fight how much money i may need to fight the legal battle?

Sohail (LAW Enforcement)     25 May 2011

may i know where you reside in Delhi or elsewhere,and if you reside in delhi,then may be i can help you outy.

Tina (house wife)     25 May 2011

sorry i am not in delhi

Sohail (LAW Enforcement)     25 May 2011

Email me on bllgn7@gmail.com.

Tina (house wife)     25 May 2011

emal u what?

Tajobsindia (Senior Partner )     25 May 2011

 

 

Originally posted by :Tina

"


thanks for the advice
can u also tell me a rough idea for how much time it can take to get the divorce and for the legal fight how much money i may need to fight the legal battle?

"

@ Author 

See I am aware people come here only after having very very basic idea of Courts and various Laws as probably read via media but wants little more from subject experts. However, in your case the saga is of roughly three decades and a fresh happiness (marriage of your only son) lingering fresh. Hence I am no one to encourage or stop you as it is going to be your call, purely to go for litigation using the best civil and or criminal side of litigation but;


1.
Given to understand both sides have money (refer to your answers to my ques.) if it is a contested case then take anywhere 3 - 5 years and if it is jolly good non contest case say Mutual Consent Divorce between you two then anywhere between 6 months to maximum 8 months provided he reasonably understand the situation and returns first the 40 L of your father and add 50 L of escalated streedhan at today’s value (as you say so) so we talking here of say roughly Rs. 1 cr. and so called males from both sides being “businessmen” so it is interesting scenarios of mind read with pressure games if you opt to file a case coming from business family to another business family. Now also think at this probable mid 50’s age of yours; out of projected Rs. 1 Cr how much is going to be your happiness if Mutual Contest Divorce which is the most speedy way out is ever opted by both of you!!!! Tat is going to decide your finality out of this post.


2.
However do consider once again your future path as well as so societal theory clubbed with a recent marriage at home and or in your family and extended relatives’ gossips at this fag mid life crises in life if litigation path has to be launched?


3. May be a change of environs (means shifting to your fathers home) for quite extended period of time now that your only child is married off and then retrospective thinking may help for which again you are the best judge of your further cause of action as we Lawyers can only suggest being humane first other than commercial interest at the end of our inflation story.


Well, lady, I close these replies from my end as I have supposedly given fair amount of legal theories to your probable cause of action and let others experts / non-experts help you out if any clubbed with your own wishes.

Tina (house wife)     27 May 2011

SIR'S I WANT TO ASK ONE MORE THING THAT AS BY MY CASE U CAN UNDERSTAND THAT THE REALETIONS ARE NOT VERY SWEET OF MY IN LAWS WITH MY PARENTS AND BROTHER SO IF THEY WANT TO VISIT ME AT MY HOME CAN THEY? I WANTED TO KNOW IN CASE THEY DO NOT GET ANY INFORMATION ABOU ME AS AT TIMES MY HUSBAND LOCKS ME IN THE HOUSE AND EVEN ROMOVES ALL THE TELEPHONE LINE WE HAVE AND I HAVE NO CONTACT WITH THE OUTSIDE WORLD AND IN SUCH SENARIO IF THEY DROP IN MY HOUSE (MY PARENTS) TO ENQUIRE OF ME IF I AM FINE AND LIVING CAN MY HUSBAND PUT THEM BEHIND BARS MAKING SOME FALSE ALLIATIONS?

Tina (house wife)     27 May 2011

IF SOMEONE ONLINE AND IF CAN PLS SOLVE MY QUARY AS I CANNOT STAY HERE FOR LONG :(


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