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stani (none)     03 January 2014

Domestic violence genuine sufferer in need of true guidance

I am married for 6 years and have a 3year old daughter. despite having a love marriage there was a lot of physical, mental economical abuse over the years. many times i was forced out of the house when i stood up for myself and was punished for months for going against him. I thought the birth of the child would stop all his torture but he continued along with his parents full support , if i insisted not going back to my parents home he would cal my mother in law to help him get me out by tying my hands. my mother in law and father in law wanted me to leave him divorce him... whenever i called for help when my husband broke things at home was scaring and fearing me or picking up a knife to hurt me after the assault i would call his parents for help who would ask me directly to leave him if you cannot tolerate and that is what was happening..he tried every way possible to harm me..to abbet me into suicide by frequent torture,emotionally i was totally broken had to fight for myself and my child but each time i got the strength to fight back he would break me down with physical punishments and dropping me to my parents home as a punishment. he would neither take care of our financial need.... this became difficult for my aged parents and neither could i support myself as my child was too small and my husband would not allow me a job, he dint want me to be independent. he wanted me to rely on him completely and neither would he provide.

he loves his parents a lot. last when he forced me out of the house it was for going against him..i filed a police complaint. he put me out of the house along with my child today i am sheltered at my parents place i have filed an application in the court..  even though my husband was willing to pay the maintainence i asked for my child and me i could not go back to living with him because of his frequent physical, mental abuse and moreover he would throw me out of the matrimonial home as and when he wished.
he has a double personality he is the best of person out with others and just the opposite with me so everyone believes whatever he says. my mediation failed as i was not willing to go back staying with him and is in argumentive stage...

my husband now speaks of wanting me and the child back..is showing his attachment towards d child pays for our expenses but, thats all his game to blindfold people the court...

how can i help myself? i have been constantly blamed for filing this case to extract money from my rich and influencial husband and inlaws also to defame them..they call me psychologically unfit and wants the court to give me no interim relief as i can work for myself.. i havent allowed to work for past many years and i have lost everything in my life including my carrier neither can i fetch a decent job for myself and helplessly tied to take care of my young child who needs me and is completely dependent on me.

how can i help myself ..my case? what happens in the argument stage and how can i seek justice for myself and my child?



Learning

 3 Replies

Tajobsindia (Senior Partner )     03 January 2014

1.    Substitute filed allegations on merits.

2.    Seeking justice in adversial family Laws is like chasing mirage.

3.    Have patience as wheel of Law takes its own course when alleged facts see test of proof in a family Court.

4.    Arguments are done by parties appointed advocate based on instructions received from clients. Your role after narrating alleged facts of DV before your advocate got over once Complaint case saw admission and issue of Notice to your husband and other alleged respondents read with (failed) reconciliation attempts of Court so far. You as complainant now in a DV Complaint case will face Court at cross examination stage that also when interim protection order(s) as prayed via your Complaint case are ever passed.

5.    Hence pursue selective creative pursuits which you at one time were good at.

6.    Also attempt seeking employment at the earliest instead of ideating at parents home contemplating Court will distribute largesse very soon.

7.    Provide child natural father’s (supervised) company as and when ordered by a competent Court.

8.    If all above are not what you vision for then proceed on Mutual Consent Divorce, fine tuning reasonable alimony for minor child of parties so as to quickly rebound – regain lost youth.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     03 January 2014

Agree with expert

stani (none)     04 January 2014

thankyou for your valuable answer. my husbands lawyers have submitted in d court in respond to my application.

1. they say i have filed the case to extract more and more money from my husband.

2. i have deliberately involved my inlaws to malign their image in society by making false allegations against them with an intention to extract money from them as well.

3.my husband is seperated from his parents since marriage and has virtually severed his relations with them and has absolutely no monetary benefits from them.

4. they deny the dowry demands made and that the parents did not involve in the marriage.and that i was never troubled for the same.

5.they say that i have a habit of using a very sharp abusive and insulting language against my husband and inlaws making it difficult to have a normal conversation wit me. without any provocation i would make wild allegations against my husband and inlaws.

6. the allegations of demand beating and abusing in filthy language and torturing are false and denied.

7. denied that i was not provided food, throwing me out of house and that no medical assistance given.

8. the petition also says that i used to keep brooding over my past and did not start fresh and that i have psychological problems and i started harming myself instead.

in short he just denied to all the complaints made by me with excuses and incorrect information and is in every process to proove the same. how can i help myself to collect more evidences to support my case. how wil i be able to proove myself when i know very wel that he is planning and executing all his cunningness and prooving me wrong instead.


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