Priya (Associate) 21 November 2013

Dv complaint

Hi, I am married for 3 years and have 2 daughters (2 years and 5 months old). My husband is abusive in nature (verbally and physically). In Mar 2012 he sent me out of his house with 4 months old first kid and didnt allow me to come back. I took separate house and staying with my mom. Later by Aug2012 he came back to my house and started living here. I got pregnant for my second daughter and his character turned worst. He beat me twice during pregnancy and once after delivery. Before my delivery itself he left my home. I gave complaint against him for beating me in police station. They gave some sort of counselling. there he acted as nice person and told that he need his wife and kids. But due to his worst behaviour i told them that I am going to live alone for few months. This letters are filed in police station. In all these 3 years he didnt even spend anything for family. Now his mom is looking horoscope for his second marriage.

1. He is telling me that I have deserted him for 2 years. Is it that he can file divorce because i am not in his home for 2 years.(but he lived with me in rental house till apr2013)

2. What proof i need to submit if he is remarried? they are planning to tell that girl as maid for his house so that they can escape. Will any detective agency will help to get proof?

3. Can I claim share on his property under DV act since property he has got from his father as settlement. Incase of divorce whether my kids are eligible to get his property?

4. If he is going to file divorce on what grounds he can file that?

5. If I am going to ask for maintanance by putting maintanence case against him howmuch amount I can get from him (I am working in IT and he is running bakery on his own)

Please give your valuable suggestions.

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(Guest)

1. He is telling me that I have deserted him for 2 years. Is it that he can file divorce because i am not in his home for 2 years.(but he lived with me in rental house till apr2013)

<Stalker> Yes/No!!!

In case of desertion, the burden of proof lies upon the petitioner.[30] The petitioner is required to prove the four essential conditions namely, (1) the factum of separation; (2) animus deserendi; (3) absence of his or her consent (4) absence of his/her conduct giving reasonable cause to the deserting spouse to leave the matrimonial home.

Having second kid in the picture, doesn't complete desertion in its true definition. So he may succeed in filing but may fail in proving it.

2. What proof i need to submit if he is remarried? they are planning to tell that girl as maid for his house so that they can escape. Will any detective agency will help to get proof?

<Stalker> Marriage photos and witnesses

3. Can I claim share on his property under DV act since property he has got from his father as settlement. Incase of divorce whether my kids are eligible to get his property?

<Stalker> No. You cannot claim property but your kids will have the inheritance rights irrespective of your divorce.

4. If he is going to file divorce on what grounds he can file that?

<Stalker> Desertion and Mental cruelty.

5. If I am going to ask for maintanance by putting maintanence case against him howmuch amount I can get from him (I am working in IT and he is running bakery on his own)

<Stalker> Zero*. You are an earning woman.

What is that you want from him? Why are you staying away from him? Why you allowed him to stay with you? and why did you become pregnant? Sorry but the fact is both of you are very bad parents.