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(Guest)

I need divorce from my husband

I got married in june 2010, and since then I am not having good terms with my husband. I gave birth to my daughter in feb11. My husband is a psychic case and fights with me, shouts on me on regular basis. I am earning and staying at my company's accomodation i.e. I am not dependent on him on any matters, neither is he willing to share some money or work in home. He just want to fight all the time and plays all kinds of tactics againt me along with his mother.

For me he is good for nothing. we are not legally married but married as per hindu marriage cermonies.

Now i am scared that even after living separately from me ;

1. he snatched away my daughter from me.

2. he attacks on me physically if I try to get rid of him.

3. I want to take divorce from him.

Please help.

Thanks



Learning

 10 Replies

Ranee....... (NA)     30 July 2012

If he is psychic and if you can prove this in court there very less chance for him to get custody.Custody of child below 5 years are generally with the mother.

I think you need a marriage counsellor rather than an advocate.First go for it , if not fruitful think of other things.

No need to scare of him, you are protected by law if necessary.Keep your child with a faithful, elderly person when you leave for office.

Adv. Chandrasekhar (Advocate)     30 July 2012

You file a domestic violence case and seek the relief of protection order for yourself and the child from psychic husband.  After obtaining such an order, he can never come to the place where you and the child reside, the office where you work and the school where the child studies and he will also be restricted to contact you through mail, sms and telephonic talk etc.  After you obtain protection order, if he violates, he will be sent to jail for a maximum period of one year.  For divorce, you have to file separate petition.  It will be decided on the merits.

Shantanu Wavhal (Worker)     31 July 2012

 

I got married in june 2010, and since then I am not having good terms with my husband. I gave birth to my daughter in feb11. My husband is a psychic case and fights with me, shouts on me on regular basis. I am earning and staying at my company's accomodation i.e. I am not dependent on him on any matters, neither is he willing to share some money or work in home. He just want to fight all the time and plays all kinds of tactics againt me along with his mother.

For me he is good for nothing. we are not legally married but married as per hindu marriage cermonies.

Now i am scared that even after living separately from me ;

1. he snatched away my daughter from me.

2. he attacks on me physically if I try to get rid of him.

3. I want to take divorce from him.

Please help.

Thanks

 

 

 

what is this mockery ??

this lady is throwing lunatic statements.

Tajobsindia (Senior Partner )     31 July 2012

1. You have no case in hand.
2. People poor in English such as the first two repliers who replied in the beginning thinks that "psychic husband" means he is doing "domestic violence" or proving him to be one will bar him from custody etc. etc. I pity such repliers appearing in legal public forums who by virtue of wearing rainbow glasses of "sentiments and emotions" tries to give replies ignoring / throwing away sound principals of Law / equity before Law.
Reasoning for 1 and partially for 2:-
Psychic is an umbrella term for many different ‘intuitive’ abilities. Psychic does not always encompass the future; it can also be about the past and even the ‘right now’.
It is a “special gift” to some people and is always associated with “positive” reference in day-to-day life to people(s). have you ever watched on TV David Copperfield shows ? He is referred to as / called as “psychic” bze he has that “special gift”, he also is married and has daughter.  Is your husband doing something near similar to David Copperfield with you and parties child 
J


Now, if you want you can tell readers especially the first two above repliers here how does your husband whom you yourself termed to be as psychic can actually harm you and child by his “intuitive gift” and is it “domestic violence” and or becomes "grounds" for divorce.


You can live wherever you want with the child I have no views on that based on limited facts before us as per your first thread post, but atleast you being educated if you don’t know meaning of words donot use it legally. You will loose your case by probably using right to sue route as "psychic spouse" allegations is not ground for 'divorce' nor can be used in DIR for 'domestic violence' protection order frivilous remedies.


BTW it will shock you that under Guardianships and Wards Act as well as under Hindu Marriage Act if your so called “physic husband” wants he can jolly well get “visitation” of child easily. You were not told by Lordship Chandu and first time pass female replier colly. that even a accused person i.e. a undertrial for murder / rape charges gets “visitation” of his child from competent Court. Even under Domestic Violence Act he can get "visitation" orders no matter what Application you put there under faulty advise of above two repliers. There lordship Chandu’s off the counter syrup of Domestic Violence Act will go for a toss.  Suggested to take a mini pause in life and act as per real facts and seek summary remedies not under dream violence gospel facts. It is natural to have aprehension on safety, security and welfare of child by custodial parent but overreacting does not help in Court of Law.


In my observation you have some mental disorder of some degree not him if you are calling him ‘psychic’ based on facts you put here for legal professionals review and thereby seeking remedies / their answers to your facts before us!

5 Like

dhirendra pateria (law officer)     31 July 2012

dear komal

this is not an professional advise but personally i feel you review your behaviour how is it with your husband, however getting divorce from a husband in a biased socienty law may not be a big deal for you 

Shantanu Wavhal (Worker)     31 July 2012

a doctor will send such a person to a lawyer.

a lawyer will send such a person to a doctor.


Ping - Pong !

Ranee....... (NA)     31 July 2012

I no where wrote in my reply that to file Dv case.People who are in the same boat with the “special gift” with the  querist husband sees so through his rainbow glasses.:D

Komal, if he does anything as you are scaring of then you can file a case of DV.Don't allow him to meet your child.If he needs visitation right   Guardianships and Wards Act then he will have to file new case for it.Discuss the matter with a good lawyer in your locality.

Until court gives a order in his favour don't allow him to meet the child.Lets see if he files for visitation or not !

Shantanu Wavhal (Worker)     31 July 2012

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

I no where wrote in my reply that to file Dv case.People who are in the same boat with the “special gift” with the  querist husband sees so through his rainbow glasses.

Komal, if he does anything as you are scaring of then you can file a case of DV.Don't allow him to meet your child.If he needs visitation right   Guardianships and Wards Act then he will have to file new case for it.Discuss the matter with a good lawyer in your locality.

Until court gives a order in his favour don't allow him to meet the child.Lets see if he files for visitation or not !

 

Bakwaas advise -

Instigation for frivolous litigation

Ranee....... (NA)     31 July 2012

Amit read my reply properly.

Komal, if he does anything as you are scaring of then you can file a case of DV.Don't allow him to meet your child.If he needs visitation right   Guardianships and Wards Act then he will have to file new case for it.Discuss the matter with a good lawyer in your locality.

i think you skipped the bold lines.This forum is for everybody.So don't discourage distressed people using the words like lunatic.The lady is very unaware of legal matters , her post shows.She even did not know that marriage held under Hindu has equal status that a court marriage has.

Next time hope you will mind your language!

zimmerzapper (student)     31 July 2012

Originally posted by : Member (Account Deleted)

I got married in june 2010, and since then I am not having good terms with my husband. I gave birth to my daughter in feb11. My husband is a psychic case and fights with me, shouts on me on regular basis. I am earning and staying at my company's accomodation i.e. I am not dependent on him on any matters, neither is he willing to share some money or work in home. He just want to fight all the time and plays all kinds of tactics againt me along with his mother.

For me he is good for nothing. we are not legally married but married as per hindu marriage cermonies.

Now i am scared that even after living separately from me ;

1. he snatched away my daughter from me.

2. he attacks on me physically if I try to get rid of him.

3. I want to take divorce from him.

Please help.

Thanks

 

I think the word psychic is used wrongly here. I think what the author/querist meant by it was psychologically imbalanced. I know the general meaning of 'psychic'.


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