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manno (owner)     31 October 2012

My husband hit me

in may , my husband hit me so hard, that my ear drum burst . i went to the doctor and got it fixed. however now that my husband has filed for divorce, my lawyer says the doctor's papers will not stand in court because he is not affiliated with any goverment hospital or clinic. is this true? i didn't know the law. but will it allow my husband to go scott-free? do you know a good agressive lawyer in mumbai please. i also don't have too much money. my husband contacted the lawyers in march 2012 quietly, and has had time to cook up proof against me. is there any way wherein i could request the court to ask him to submit his credit card statements and phone bills to me? i know he's been having an affair. also, he earns 1lakh p.m but gives nothing towards the house. i'm ill, and my father sends me mooney for food. I'm going to ask for interim maintenance. how much will I get? mumbai is an expensive city. I don't have anywhere else to go. also, ( i know I may be taking advantage of your help here, I'm sorry. I'm just desperate) he has perfectly healthy parents who he's described as old and frail in his petition. Mother has a job. father has never worked a day in his life. and both parents encouraged him all the 4 yrs that we've been married, to leave me alone in our rented flat and go and live with them. he's a spoilt brat and cannot grow up. money is like oxygen for them. they took out wedding gift money and went for a trip Bankok, we didn't even get to go to lonavala.



Learning

 30 Replies

adv. rajeev ( rajoo ) (practicing advocate)     31 October 2012

You can meet Learned Advocate, who is the member of this club Sri Palanitkar.

1 Like

sandeep jain (advocate)     31 October 2012

You having very good case. You can prove inury by callling the private doctor in court. You can also seek interim maintenance and also sought documents of his income by moving an application in court.
2 Like

Ranee....... (NA)     31 October 2012

Don't worry, hire a seasoned lawyer.498A cases take time, so don't loose hope.

2 Like

stanley (Freedom)     31 October 2012

Originally posted by : Ranee.......

Don't worry, hire a seasoned lawyer.498A cases take time, so don't loose hope.

ROTFL ..................OYE........OYE.... Ranee .....I see no demands for dowry or harassment ?????

Section 498A was added with a view to punishing husband and his relatives who harass or torture the wife to coerce her or her relatives to satisfy unlawful demands of dowry 

anil yadav (ns)     31 October 2012

yes mr. stanley u are right.498a is only for dowry harrasment and manno not tell for dowry harassment .plz miss raane always 498a is not a solution

anil yadav (ns)     31 October 2012

miss raane 498a k ke case ke baad husband and wife phir se ek family me reunion nhi ho sakte and dono ghar barbad ho jaate h.is se court and police ka hi profit hota h naa ki dono family ka.plz always 498a ki advise na diya karo .this is request

stanley (Freedom)     31 October 2012

Originally posted by : manno

in may , my husband hit me so hard, that my ear drum burst . i went to the doctor and got it fixed. however now that my husband has filed for divorce, my lawyer says the doctor's papers will not stand in court because he is not affiliated with any goverment hospital or clinic. is this true? i didn't know the law. but will it allow my husband to go scott-free? do you know a good agressive lawyer in mumbai please. i also don't have too much money. my husband contacted the lawyers in march 2012 quietly, and has had time to cook up proof against me. is there any way wherein i could request the court to ask him to submit his credit card statements and phone bills to me? i know he's been having an affair. also, he earns 1lakh p.m but gives nothing towards the house. i'm ill, and my father sends me mooney for food. I'm going to ask for interim maintenance. how much will I get? mumbai is an expensive city. I don't have anywhere else to go. also, ( i know I may be taking advantage of your help here, I'm sorry. I'm just desperate) he has perfectly healthy parents who he's described as old and frail in his petition. Mother has a job. father has never worked a day in his life. and both parents encouraged him all the 4 yrs that we've been married, to leave me alone in our rented flat and go and live with them. he's a spoilt brat and cannot grow up. money is like oxygen for them. they took out wedding gift money and went for a trip Bankok, we didn't even get to go to lonavala.

1. Even if you dont have money its okay nowdays . My suggestion is approach a woman sympatheic  advocate tell him you dont have money and that you require maintanence compensation etc . He will show a list of cases which you can file like Ranee said file 498 A :). He will show you the way/ path/manner in which he will get his share without taking any fees from you .

coming back to the topic 

2. what your lawyer has said is true . When an incident has taken place like this it is the doctors duty to intimate the police and file and FIR which has not been done .Hence not much  weightage to your claim. And i wish to debate over point no 2 with any of the leading experts over here . 

3. I dont understand why you require his credit card statement and phone bills .you can call for the same under CRPC 91 .

4. If your issue is of  maintanence talk to your advocate and tell him to file CRPC 125 you have not diclosed if your are working . As a working women does not get maintanence and if you have minor children than they would get maintanence . As to your question how much you would get none of the experts here can conclude as maintanence is for sustainance and there is no fixed formula for deciding on maintanence in india .

 

 

 

 

   

1 Like

stanley (Freedom)     31 October 2012

Originally posted by : Ashish Davessar


You should have field a complaint to the police against your husband u/s 325 IPC for causing grievous hurt to you. Now that he has filed a divorce case all you can do is defend the acse if you don't wish to divorce him. If you are willing to end the amrriage then the divorce petition can be converted to a mutual divorce petition. The doctor's certificate is to no avail now as you did not file the complaint against him when you ought to have filed it.

I agree to this advice 

You have many more remedies in law though such as seeking maintenance, residence and protection order under DV Act and 406 IPC for getting back your istridhan.

I disagree to this of what use would a case  under DV act be filed and of what use is a  protection order when divorce case may or would conclude .  

Maintanence can be claimed under HMA 24 or CRPC 125 wherein everything comes under it .




Ashish Davessar

 

Advocate

Supreme Court of India

Punjab and Haryana High Court


(Guest)

:P

Ranee....... (NA)     31 October 2012

hmm..mistake..I was confused with Bhagwan's post in one of thread posted by Manno..like Stanely got confused as I was not suggesting to file 498A.

stanley (Freedom)     31 October 2012

Originally posted by : Ranee.......
hmm..mistake..I was confused with Bhagwan's post in one of thread posted by Manno..like Stanely got confused as I was not suggesting to file 498A.

ROTFL 

I pray to Bagwan in the morning and in the evening and whatever i ask for in pray i believe and have faith that bagwan will give it to me .

But here i cant see any Bagwan's post :) Now Ranee you very well know that i am not a woman sympathiser so dont implicate me in instigating people over here for filing false cases like DV and 498 A . ;)

Nitish Banka (lawyer)     31 October 2012

You can approach women cell like CAW and file domestic violence case

manno (owner)     31 October 2012

thts okie. i have his pan card number so i'll always know his salary.

 

what about credit card statement and phone bill? i need those to prove my case

manno (owner)     31 October 2012

i don't want to file dowry case just for fun. i have enough true proof of his behaviour, he has allowed his lawyer to lie and 'pad it up', i won't. even though he DID shout at me once or twice about my father not giving me jewellary and tht its embarrassing for them in front of relatives. if they were so embarrased, my mother-in-law could have just lent me her jewellary for few hours. i'm anyway allergic to wearing metal. 


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