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nikki   12 January 2016

Domestic violence case

I got married recently, immediately after marriage I found out about my husband's illicit relationship. And soon my in-laws started harassing me. And they too know about his affair but are supporting him. And sent me back to Hyderabad without my jewellery and clothes. We did a heating case on them and in investigation found that few days before marriage, he was with his girlfriend for a holiday. This is after our marriage was fixed. Even a day before  wedding function my husband went and stayed with her. I have their Facebook chats, intimate emails, and their booking details of the place where they stayed. He earns 5 lacks a month.I have applied for interim maintenance and alimony. I want to know how long will the court procedure take? When will I get my stridhan back? He didn't attend the first 2 hearing in dvc but his lawyer represented him. And the court has ordered him to attend counselling on the next hearing date. What if he doesn't attend the hearing? Will it be in my ex parte? As we have done a case on all the ppeople. Including my husband sister. However they have taken anticipatory bail. But his sister has not adhered to the bail conditions. So can we get it cancelled? What happens after cancellation? Can we get her arrested?



Learning

 11 Replies

Manoj Choudhary (Advocate)     12 January 2016

If he dnt appear in counselling the matter will be sent back to court. If he dnt appear in dv act warrant shall be issued against him, if bail cancelled they shall be arrested if u had filed a case under section 498A and 406 of IPC ur dowry articles will be back...if they do not give it back to you they shall be punished in the court. As far as the illicit relationship of ur husband this is a ground for divorce and mental cruelty And finally, if you do not appear in ur case, the same shall be dismissed for non prosecution.

Sidharth   12 January 2016

Answers

1. No one can say how much time it will take. 

2. For stridhan you need to file FIR u/s 406 IPC - Have you filed it?

3. He will file exemption application to avoid ex party

4. You have not mentioned about conditions in bail order. It is very difficult to get the bail cancelled once granted. 

Best solution ; Take mutual divorce.

nikki   12 January 2016

I have filed 498a and 406. The bail conditions areto surrender passport and visit police station for 2 weeks.... But even once she hasn't attended the station or given a reply even after 2 notices to do the same has been sent.

nikki   12 January 2016

Can't apppply for mutual as even one year isn't over. I filed a case against all of them.adultery can be proved as I have video footage of my husband and his girlfriend after our marriage. They are not ready to give back my stridhan. Have also filed a 420.

Vijay Raj Mahajan (Advocate)     12 January 2016

Divorce by mutual consent is best option after compromising with the opposite party wherein they will return you all your Stridhan and pay reasonable alimony as financial compensation. This is possible in your DV matter where his lawyer made his appearence and your lawyer should work out out of court settlement on the terms and condition with his lawyer.

As far filling the petition for divorce by mutual consent u/s 13B HMA now is concerned that you can still do with an application u/s14 HMA for leave to present the divorce petition before the expiration of one year of marriage, Delhi High Court judgments are there where the leave was granted in exceptional cases as yours, the second motion that takes place after six months can always be taken up after the expiration of one year of marriage.

nikki   12 January 2016

I am not looking at mutual consent. But I only justice. I have all the proofs of adultery as well as verbal abuse which my inlaws did on me. I have all the recordings. Heard that now days speedy trials are taking place. Is it true? I have photographs, and bills of all the stridhan and an acceptance letter by them that my in-laws have the stridhan with them.

Vijay Raj Mahajan (Advocate)     12 January 2016

You are misguided by someone, may be your lawyer (as his professional/financial interest exists), there no such thing a speed trails, the DV cases which are supposed to be decided in few months take years (3-5years) together, the criminal prosecutions u/s 498A,406 too may take years together (5-7years) and still you will not get anywhere.

What adultery you talk about gives you right to get marriage dissolved, it is not any offence punishable u/s 498A IPC or DV Act, if any stupid lawyer told you this than there is Supreme Court case law where the act of adultery by husband has been held not an act of cruelty punishable under section 498A IPC.

If you are being suggested here for divorce by mutual consent by eminent persons than go with the advice and safeguard your future and money/stridhan, stop talking of taking revenge or teaching lesson to your husband/in-laws that you won't succeed by the unnecessary litigation as you plan and started.

1 Like

Sidharth   12 January 2016

Agreed with Adv Vijay Raj Mahajan

jagannath magar   12 January 2016

Agreed with Mrs Renuka Choudhari 's advice

jagannath magar   12 January 2016

Agreed with Mrs Renuka Choudhari 's advice

fighter (Software professional)     12 January 2016

If girfriend is unmrried one..It doesn't attract adultery.


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