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Rashmi (NA)     19 February 2015

Husband lying during divorce.

I got married to my husband under Hindu Marriage laws. His family portrayed  that they are financially good. 
But everything changed a few days after the wedding. First of all, mother-in-law too all my streedhan( almost 600 gms) of gold saying she will keep it safe and after a week she said she has alot of debt and needs money from the gold. She pledged the gold for more than 9 lakhs Rupees and asked me to keep it a secret from my parents.
When my parents enquired about the gold, I had to tell them because it was their hard earned money and they have a right to know what happened to it. But my parents were really understanding and they let it go.

But my husband started behaving badly. He started saying he hates girl children and used to kick me in frornt of mother in law and things like taht. He constantly insulted my family despite everything they have done for him. And when we shifted to the new house in bangalore, he had not bothered to buy anything to make  it a home(not even a bed). And the mother in law tells my parents that I am supposed to sleep on the floor. My parents were really upset so they bought everything(TV,fridge,washing machine etc) for me.

I got no support from my husband at all. He used to constantly demand money saying my dad is supposed to pay his wedding expense(7 lakhs).
Just before the marriage, my company shifted to hydeabad and he made me resign my job. Even though I was attending interviews, i was not able to get  a job. He started saying he was ashamed that I didn't have monthly salary and all his friends wives were employed.  He did not even take me to the doctor when I had severe viral fever and my dad had to come and take me to the hospital. He did not show any interest in any household issues. All he wanted was money from me. But I decided to stay and work it out. And I payed for all the household expenses from my leftover money in account and when it got empty he started mentally abusing me.
One day he abused me because he lost 400rs he had given me. I coudnn't do it anymore and I decided to go back home after 9 months of horrible marriage. 
I have filed to nullify the marriage and two councelling sessions are over. Now he he keeps lying and keeps changing stories saying he lovesme and doesnt want a divorce because he does't want to give back all the gold and other things my parents had given me. 
I just want my property back and nothing more.

Now he is saying my dad had promised him to give 4 lakhs as compensation and that he wont give my gold back.
What do I do??


 6 Replies

Mohammed Ameenuddin (Sr. Legal Manager)     19 February 2015

File a criminal case against your husband under Domestic violence Act. 2005 with the help of local lawyer and nullifying  your marriage. 

saravanan s (legal advisor)     19 February 2015

You can also file case u/s 498a along with dv case.

Rashmi (NA)     20 February 2015

But my husband and mother in law keep saying that they had my permission when they took the gold. Is that going to work against me? I feel I am fighting a losing battle. 
And he threatened in front of his lawyer,  if we don't give the money, he is going it prolong the whole process for many years.

Adv. Chandrasekhar (Advocate)     20 February 2015

The gold what was given to you by your parents during the marriage is called "stri-dhan" and it is her property for all the times to come.  If a temporary custody would be given to MIL or hubby, that doesn't take  away her ownership rights on it.  So, you can have  it back.  But how?  platitudes, pleasing requests, eternal importunities haven't brought any positive result.  A mere marriage nullification case (actually it should not be nullification, but divorce case) hasn't brought any positive result, but lame pretexts by rapacious husband before the mediators that he loves you and get you back.  Behind the screen, he is confiscating 9  lakh worth of your gold in return of four lakhs your parents promised to him.  Now, your sole intention is to get back your stridhan and have nothing to do with him now or never, I suggest you the following prescripttions:

1.  File a complaint under Section 406 IPC (for return of stri-dhan) and 498-A (for continuous demanding of valuables including Rs. four lack demand coupled with harassment) and also Section 3/4 Dowry Prohibition Act (Demanding and receiving demand).  If mediation before the police fails, you shoud insist for FIR and police does not take any action, file a private complaint before the magistrate.

2.  File domestic violence case (here you can seek return of stri-dhan and it provides same remedy as S.406 IPC, but latter takes much time as the complaint has to go through police channels) and domestic violence case you can file directly in Metropolitan Mangistrate Court.  Further,  this gives you elbow room for seeking maintenance, if you are interested and in the need of it, till you get a job.

3.  Divorce case (which you had already filed), for getting divorce.

Hope, you pick up the tips and follow-up with your advocate to get relief.

Warm  regards.

naveen (business)     22 February 2015

Rashmi, if at all u don't wish to proceed with such a person nd u want freedom to build ur future life Instead of struggling life with the people who won't respect ur feelings. It's better to file divorce case I hope u will surely get it settled in ur favou,, at the same time all ur gold will also be handed over to u.. Tell all truths nd realities don't lie just to prove them defaulter. Don't worry every thing will settle soon. For any queries get back to me. Wish u good luck

Samir N (General Queries) (Business)     22 February 2015

You will not be able to get your marriage null-ed or voided. I do not think that you should file a DV case. Just file a divorce case based upon cruelty and file applications in that same proceeding to get other relief, such as to recover your Sreedhan, to seek maintenance, etc. Do have prayers in the divorce petition to include the other reliefs that you are seeking.   KEEP LIFE SIMPLE... AND PARTICULARLY LITIGATION.  Advocates will ask you to file a zillion proceedings.  File one petition to cover everything. Minimizes litigation expenses and above all, litigation headaches.  Forget about filing criminal or quasi-criminal cases, unless you have incontrovertible and convincing evidence to support your criminal allegations. 

Notwithstanding the bad name that the Indian legal system has, if the evidence is in your favor, you will get what you are seeking. As for prolonging cases, just as there are many ways to prolong cases, there are also ways to expedite them.  Thats a whole different discussion.

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