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K.Vijayabhanu (Working professional)     12 June 2016

Husband drama for divorce

Hello All, I have posted earlier related to divorce case my husband wants to file. I have married on Feb 19th we only stayed for few days and my husband went to haryana on march 20. He has doneB, LLB, ML and now doing phd in law but not ready to work and he is 32 now. My husband said he married just for the money I earn and the jewels and property I have.Form March till early june there was no communication between me and him. On june 5th we had meeting with our families for negotiations. Day:1 I consulted the people who did this marriage and my relatives and arranged a negotiation.I was very stubborn to live with him but he said if you people make me to live with her I will suicide and then after long hours of arguments he simply said he doesnot want to live with me and accept me. Since he said he doesnot want to live with me one of the mediator asked to return the 45 sovereign gold and all the belongings which he said yes but later denied stating it was in locker. Day2: He returned the gold after a long drama taking one pair earings(1.9 grams of gold).He demanded my mangalsutra and the engagement ring which everyone asked to remove if he is not ready to live with you.Then we have asked for the other materials and money which he took from me and denied by him. Day3: He asked me to sign notary stating that due to differences in ideology and preferences we opted for divorce which I denied and demanded to make a full settlement of 126000 of cash given as Dowry and the Mobile phone which I bought.Then my husband did drama he doesnot want any divorce and he was under stress by the panchayat people so opted for divorce and wants to live with me. The real story is he doesnot want to earn and is doing phd in law at haryana. He simply takes money and spend lavishly for shopping. Now he says he will file RCR on me and makes me to come to his home and then he will torture me, He then files divorce and he will not let me to court for 2 hearings and he will get the divorce in 3rd time. After all this drama, even I do not want to live with him becoz i have found that in past he had s*x with his student and seperated by signing a document that they do not hold anything for the accident. My question is how can I get the money which I gave as dowry and the other materials with Divorce as he has only a house in his name.


 16 Replies

laxmi kant joshi (instructor)     12 June 2016

if you don't want to live with him and wants your stridhan back then file a case u/s 406ipc and get back all the article which you had give him in your marriage and also those they had given you at the time of your marriage and gifts time to time, you need not return your gold chain, ring, mangalsutra to him these all are yours .

Dana Kayoni (Expert Humanitarian and Lawyer)     12 June 2016

Hi Bhanu,

 

File case u/s 498a and then 406, 405, 407 IPC to get your money back and stridhan back.  See if it works out, filing these cases, marriage will breakdown.  Try to talk to him,  He is lawyer, I doubt, there is no such thing as notary divorce.  Only court can give divorce and not notary.

 

Misappropriation of Stridhan by the husband's side is a crime punishable by the provision of law described in IPC Section 406 ("punishment for criminal breach of trust"). The offence itself is described in Section 405, while sections 407 to section 409 describe punishments for criminal breach of trust in certain specific relationships. The spectrum of relationships covered by these other sections include the relationship between sender and carrier of property or goods, and between an owner of property and his employee, and between owner of property and banker, and between public and public servant, and between an owner of property and his attorney or agents. While 406 prescribes 3 years simple or rigorous imprisonment, both 407 and 408 prescribe 7 years simple or rigorous imprisonment, and section 409 prescribes very serious sentences of ten years to life imprisonment. 406 can be more correctly described as "punishment for criminal breach of trust simpliciter" in the light of these undoubtedly severe sections.

Dr Martin Campbell (Doctor)     12 June 2016

Whats wrong in husband not sharing household responsilities?  Many women simply sit, eat sleep, do shopping, roam around, file cases when asked why not  cook. You look after husband, why break marriage?

1 Like

K.Vijayabhanu (Working professional)     12 June 2016

The fact is I have got the jewelry back by the panchayat mediator where one item is missing. Now We have given 1 lakh as dowry and 26000 was expenses bored by me seperatly for his lavish spending on phone and other items. Through the same mediator they took the mangalsutra by force in return of the jewels. I almost decided to give divorce seeing his pyschic behaviour which is like he doubts that I and my father has relationship, cannot withstand if any guy talks good about me(simply says I have affairs with him), he never touches me as he said he is not interested in me, at last he asked my father to tie mangalsutra to me, forces me to talk about his penis to one of my friend,forces me to do oral s*x,blames I dont dress well and I insult him that he is not employed(he is studying phd but always expects money from sister,mother and me for his shopping). Now on the grounds of insults, dressing sense and no s*x he is filing divorce but when i denied that he needs to give 1lakh of rs he simply changed his statement that he wants to live with me.He said to the mediator that after filing rcr he will torture me in such a way that I will make a way for the divorce.He simply says he wants to live me. Can you please suggest what needs to be done here to get away from him as I cannot file divorce due to money constraint. The notary I have mentioned here is the one he initiated stating if filed and took sign from the public authority then it becomes base for the divorce.

K.Vijayabhanu (Working professional)     12 June 2016

DR. Martin I have spent everything till now for his enjoyment in return i do get the mental stress from him stating I should not talk to my parents, creates affairs with someone else.

Vakalath (Vakeel No. 1)     13 June 2016

Dont waste time running behind 1 lac, if u get it fine, dont pursue too much, u spend more than 1 lac running behing court.  Take MCD, remarry fast.  Time and tide wait for none.

K.Vijayabhanu (Working professional)     17 June 2016

I want my husband to be good with me and earn money as he is still taking money from his mother, sister and me. When asked earn some money and then study he denies and tells me that he will not give money or take care of me once he completes the education and settles down.He did a big drama that he will suicide if our relatives makes me to live together.We took all the jewels back from him. when I have asked for the dowry money and my phone to give back he created another drama stating that he really loves me and wants me back. Now he sent RCR to my home but we didnot accept it. Can you please advice me what needs to be done. I really do not want to live with him as he has lot of affairs, he deceived his lover and termed her item when she asked to marry him, He said he married me only for the salary I earn, jewels I bought but not out of love or affection. He said he do not have idea of earning now and after 5 years he said he will be posted in SRM university automatically as he know the DEan. What needs to be done at this moment. He has applied for RCR, what will happen to me if it is sent to me? what action do I need to take now?

Eerangere Sana (Excellent Lawyer)     17 June 2016

if he dont want to live with u, what can u do?  Take divorce, marriage requires mature mind and commitment.  He dont have both.  You take divorce one time alimony and marry someone else.

https://www.lawyersclubindia.com/forum/details.asp?mod_id=138528&offset=1

K.Vijayabhanu (Working professional)     18 June 2016

He filed RCR now, is it good if I file a case on him and his mother and sister who are the cause for the breakup? What will happen in RCR if I accept or do not accept? How will I get divorce if he filed the RCR?

Dr Martin Campbell (Doctor)     18 June 2016

If you want divorce you need to file divorce petition under HMA 13(1)a.  However your husbands wants you backs hence he filed RCR, he will win it and you cannot be forced to cohabit with him, however, your property can be auctioned by court if you fail to cohabit with him and proceeds given to your husband.  Later on after 1 year he can file divorce as RCR failed.  Rest advice has already been given, you look educated but what is bothering you? Cant you understand simple English???

1 Like

K.Vijayabhanu (Working professional)     18 June 2016

Mr.Martin, I understand what others said and you said. What my hubby said after a long drama is what you are saying. He already said that he will file RCR on me and take all the posessions from me like jewels, my money, property and then after 1 year he will give divorce to me. That is what he has initiated now. I am asking for a help on how to counter his plan to avoid all these proceedings.At this moment we do not have sufficient money for any expenses for the travelling, for lawyer etc. I have spent all my money on him but he simply said he married me only for the money I earn.

Mrs. Bakshi (Social Studies Reader/Worker)     18 June 2016

Originally posted by : K.Vijayabhanu
I understand what others said and you said. What my hubby said after a long drama is what you are saying. He already said that he will file RCR on me and take all the posessions from me like jewels, my money, property and then after 1 year he will give divorce to me. That is what he has initiated now. I am asking for a help on how to counter his plan to avoid all these proceedings.At this moment we do not have sufficient money for any expenses for the travelling, for lawyer etc. I have spent all my money on him but he simply said he married me only for the money I earn.
 

What counter? Counter is replying to his RCR petition, case will run for how many years even God cant say.  That case he wins or loses he will surely get divorce.  All these needs to be discussed with seasoned lawyer and strategy planned in order to counter his RCR.  Stratergizing cannot be done on a online forum.  You can avail free legal aid avaialable in every court complex.  That free aid hw much it will assist you, I cannot say, paid lawyers itself misguide in most of cases, what will free lawyer guide?  If you dont want to continue wiht marriage, then you yourself give consent for divorce and take mutual divorce, which is safe for alll of ppl involved.

(Last reply)

1 Like

K.Vijayabhanu (Working professional)     18 June 2016

Thanks for all the advices by the people on this thread. I understood what you have said. I will try to look for a good lawyer.I am ready to give divorce but he wants revenge from me before the divorce.

K.Vijayabhanu (Working professional)     18 June 2016

unfortunately I am the one who has backed my husband stating he will change at any point of life before panchayat ppl but he created a drama in such a way that everyone came to know about his intensions. I am the 2 person he deceived. If this kind of person exists in society think what the victim feels.

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