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Pomme (Teacher)     15 October 2012

How to get divorce in my case?

Hi, I am pomme (30 years old), Indian, living-abroad.

I need some legal advice regrading my case.

I find my husband (32 years old) to maintain distance from the time of marriage. I didnt know the reason. But he kept on fighting with me for unnecessary things and always treats me like a slave. He is a Hindu and I am a Christian. On economic and religious grounds, he used to create many problems. My Parents gave all their money (nearly 15 lakhs) and even their monthly pension constantly. It had been never sufficient for him and his family.

He arranged our marriage in a private church (not registered), as his family initially did not seem to agree (but received dowry). But within a week, they came and started demanding for more money.

After 6 months of marriage, as everyone started asking about child-birth etc, I begged him for family relationship. Then he told that he has some problem and he needs circumcision. He got the procedure done.

After that I found that he was loving one of my friends and planning to marry her. When I caught them red-handed, he pleaded and promised that he would live with me.

After that I got conceived and we have a child. Even then he didnt change. He used to beat me very hardly and fight with me all the time. He emptied all my bank accounts and my parents' account too.

As he was trying to take away all my jewels, I sold them all and invested in buying a house. He and his family wanted all that money and were fighting for the same. When they couldnt, they demanded to write the house in his name. Finally somehow we wrote the house in both of our names (me and my husband).

Again my husband started torturing me and that my income is not sufficient for the loan payments and forced me to go for an abroad job. I did. Even then he emptied all my bank accounts (until now).

Later I suspected that he could have been impotent and I confirmed it when I went for vacation. When I asked him about that he says he is quite alright.

I find that he plans nicely to empty my accounts and suspects and tortures me all the time, may be because he is incapable.

As he is politically sound, I am worried that he may be capable to change the medical records and make false proofs against me, even if I apply for divorce.

Is there a way for me, to get out of this marriage?

Please suggest your ideas!

 

 

 

 

 

 



Learning

 7 Replies

Tajobsindia (Senior Partner )     15 October 2012

 

 

Originally posted by : Pomme

 

XXX

After that
I got conceived and we have a child.

XXX

 


You donot have grounds to claim divorce especially only under “Infertility ”. See your own above quote! Other grounds such as not enough s*x in marriage you may take but not Infertility.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     15 October 2012

The acts that you have mentioned clearly entitle you to a decree of divorce on the grounds of mental cruelty, economic abuse, alienating treatment, extra marital affair, impotency and failure to get it treated are all instances of cruelty. File a case, don't worry about their defence work on your case. Hire a good lawyer and seek divorce. You can seek custody as well. Domestic Violence Act allows you to even seek compensation for the misery you've undergone at their hands. 

1 Like

santhosh.g. (advocate)     15 October 2012

1st file a case under the protection of women from domestic violence act with a prayer to return the monies including the properties your husband and his family swindled from you. then file a case for divorce with a prayer for divorce under cruilty.

Adv. Chandrasekhar (Advocate)     15 October 2012

Having child through him and alleging his impotency do not gel well.  On other grounds, you are fully entitled to get divorce.  In your case, just getting divorce is not enough.  You should recover each and every paisa spent on him and on his parents.  Engage a good advocate (I am quite sure you can afford) and recover every thing along with divorce decree and mental peace.

shalini (software engineer)     16 October 2012

where she have to hire advocate???abroad or India???

hii pommi , even am sailing in same boat , similar kind of case..living in abroad and tortured by in laws and husband for money ,he always maintains distance from me and mine is love come arranged marriage , same religion, same caste and distant relative

stanley (Freedom)     16 October 2012

Mr Chandu has got the catch very well " Having child through him and alleging his impotency do not gel well."  HE...He .

Mrs Shalini Domestic violence has to be filed in India as i can forecast that she is residing somewhere in the gulf if  i am not mistaken and in the gulf they do not have any such thing as DV act .

Mrs Pomme

1. you can file for Divorce on the grounds of cruelty but you would have to prove it .

2. you can can file maintanence through DV act and claim 

a . Maintanence for child but my question is as you are abroad is the child with you or with him or with your parents ??

b. Further you should stop sending money to india and than crying over spilt milk that your husband is emptying your account .

 

 

Pomme (Teacher)     16 October 2012

Respected Sir,

Thank you for your suggestion!

However I would like to clarify one particular comment!

Impotency is different from infertility and impotence can even cause pregnancy. If you have doubt with my statement you can verify with the Physicians or with the Research Experts.

Thank you!


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