Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Dipti (Accounts Manager)     09 March 2012

Divorse with custody of child & streedan

Hi Sir,

I am married to my own aunt’s son. It was a arranged marriage happened in Nov-2001.

 

Problem started from the very first day of the marriage due to 10 grams of gold. My father has been beaten up by my father in law on the very first day. Since it was related to my life, my parents didn’t launched a complaint against my matrimonial family. My parents had given the extra 10 gms of gold to me and solved the problem of that stage.

The problem never stopped even after I went to my matrimonial. I have been tortured due to their ego issues badly. I have neither been allowed to speak my parents nor relatives even when we see them. I had even faced his family’s abuse words and my husband’s beatings. I kept quiet for 8 months I was just completed H.S.C at the time of our marriage. Then I have been forced to take tuitions , to take a new job & to take care of home. Then I have decided to take tuitions and continue my Degree in Commerce. Even that was objected by them. Atlast, I have convinced my husband for my further studies by telling him that he deosn’t need to spend any money from his pocket and I will bear the expenses with the tution money.

I have taken admissions for my B.COM in Jul-2002. By Aug-2002, I came to know that I am pregnant and was very happy. I was expecting the same expression from my hubby and my in-laws, but the situation was worst than before. They were tried to abort the child by giving papayas, pine apples and even my mother-in-law was talking about giving me medicines for abortion. I was literally shocked by their behavior. I realized from the attitude that they have some plans in their mind.

 

So, I just went to my parents,who stayed in the next chawl and cried to them to get me back to their home. That was the first time when I have explained this problem to them. So, My Mom has come to pick me up from their home by 8.30 p.m. in the night. My husband was not there at that time. I was very eager to come with my mom.So, I came out with my mom. My Ornaments and all other streedans are at their home till now. I just have a mangalsutra & the chain of mangalsutra with me.

 

Within next 30 mins my husband came to my mom’s home and tried to beat me. My father stopped the same and all the neighbours stopped and pulled him to his home. The matter stopped there. From that day onwards, I am still at my mom’s place.

 

After a month, my husband came to place and had beaten my father  and pulled my hair when I was 4 months, pregnant. So, I lodged a complaint in Dharavi Police Station for Dowry Harrasement. CC to the complaint was given at Woments social service at CST & Worli main branch.

 

My father-in-law & my husband has been arrested by the police and some of our samaj leaders have released them by telling the police that this is our internal samaj problem, we will solve it within ourselves. Nothing has been worked out even by samaj leaders.

 

I have delivered a baby girl in April-2003. Nobody has come even to see the child. Then I decided that I am ready to wait for my hubby till the time he realize his mistake and come back to me & my baby.

 

Years passed, but he has not come to see us and never tried to contact. When my baby was four months old, she had a fits, wherein we have admitted at sion hospital. He has not come to see her too. It was very painful to me to stay at the same place and not seeing him even when we cross each other. So I changed my residence to Ulhasnagar.

 

I kept quiet and told my daughter that her father stays at foreign country and shall come to meet us when his work get over. When she became 3 year old, I got a news that my father in law has been admitted in the hospital due to heart attack. I have gone there with my child to see him. That was the first time, my daughter seeing his father. But he was not interested to see his child, he was just interested to beat me, pull my mangal sutra. That was the first impression of my child towards her father and she knew everything about him during that conversation.

 

Even after 5 years, She remembers that situation and deosn’t want him in her life. Even after that, I have given a complaint at Maharashtra Mahila Ayog, where they have counseled him but that was of no use.

 

He has laid Certain conditions :

1.       To withdraw back the complaints against him as, the complaint has been given by me due to my mom dad’s pressure.

2.       I & my daughter will be his slave.(will talk to those only to whom he wants, eat what he gives)

3.       I have to ask apology to his family.

 

 

 

But I refused it and withdrawn the complaint from mahila ayog back.

 

After all the incident, during Dec-11, one of his cousin came to me and ask abt our rejoining.He seeked my wish and gone to talk to him.

 

Now his demand is He will write something in a stamp paper in front of his advocate and I just have to read that in the spot and sign it. I should not refuse to sign those paper. Until & unless I say yes to this comment, he will not accept me. And he only can do it in the month of September.

 

I feel that, by signing in a stamp paper, I am putting my daughter’s future in dark. Since, We have passed the first half of our life in which we had so many struggles, why can’t we pass the rest of our life without him?

 

Simply, I need divorse from him. I need the custody of my child with me alone. I need my streedan at their place. Can u pls suggest a advice to me? Against which section, I can file a case against him.

 

 

 

 



Learning

 6 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     09 March 2012

What you want in life?

 

Why you want to go back to a man, who is allegedly making your life hell.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Dipti (Accounts Manager)     09 March 2012

Hi Sir,

 

I don't want him back in my life now. I actually want divorse.

 

I want to know the following things.

 

1. Can i get a divorse from him.

2. Can i get the full custody of my daughter who is 9 yrs old.

3. Can i get back my streedan?

 Even i am not expecting any maintenance from him.

 

 

 

Thanks & Regards,

 

Kanaga

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     09 March 2012

Yes is the answer to all your queries.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     09 March 2012

Dear Dipti yes, you can get a divorce decree against him, yes, you can get custody of your daughter yes, you can get your stridhan, in this regard you can file a civil case for recovery and a criminal case u/s 406, 420 IPC Feel free to call

mukesh mishra (junior adv)     10 March 2012

u can get ur streedhan, maintainance for u and ur child, custody of ur child all this u ll get from the family court by filing a petition praying therein custody, maintainance and streedhan and to penalise him u can also file a complaint against him and his family before magistrate under domestic voilance act. so u are not required to worry

adv Mukesh Mishra for further advice u can contact me on 8898550266    

mukesh mishra (junior adv)     10 March 2012

u can get ur streedhan, maintainance for u and ur child, custody of ur child all this u ll get from the family court by filing a petition praying therein custody, maintainance and streedhan and to penalise him u can also file a complaint against him and his family before magistrate under domestic voilance act. so u are not required to worry

adv Mukesh Mishra for further advice u can contact me on 8898550266    


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register