LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Lady in Trouble (Management)     18 April 2013

Lady in trouble again

Hello All,

Im back after 8 months couse , i had filed Domestic Voilnce case in criminal court and divorce case in civil and its been 8 months

Everytime he sends lawyers who are freashers and for every hearing its new person who doesnt know jack sh*t about cases.
 
He is not comeing to court at all. He is been just saying that he is ready for settlement but whenever there is hearing he just seeks more and more time. Neither he has asked for reunion nor agreeing for divorce. He challenged my mom that ill drag this case purposefully so that i should suffer for 4-5 yrs.:( like this.
 
Im thinking of filing 498a which i should have done long back becuase my inlaws actually harrased me for money/dowry all the time , thinking that he will loose job and he and his family will go behind bars i didnt take this step. Just guide me if im taking right step by filing this case(498a) now.
 
Much awaiting.
 
Regards


Learning

 16 Replies

498A_Victim (service)     18 April 2013

Hi....

filing the case of 498a is not at all the good thing for u, first try to settle the matter with people as inbetween. if it doesnt work out, u may file case for maintenance if u r financially not ok.

however 498a will destroy remaining chances of good time....

1 Like

Lady in Trouble (Management)     18 April 2013

Hi Bhavesh,

This is not first time this guy has been going through. 498a act has been already files against him and his family by his first wife, he dragged that case for 3 yrs and after that he got the decree.

After which he got married me without intimating me about his past. Leave this he and his family repeated the same.

This affectivng my career life and i cant keep visiting to court where im needed in office more.

Just to speed up process im advised 498a .

Regards

dv (ghvhb)     19 April 2013

Hi, I am facing 498 myself and my advice to you don't fall for it. It does not matter weather husband or wife both sides face the melodrama of the judiciary system. As a result,time and money along with allegations which are hard to prove. More over after the first six months it is going to be you who has to run around to put the machinery to work. Its.an advice rest is upto you. Finally don't become a scape goat between women from.ngo ,police,lawyers ,friends, neighbours and family. Make your own decision and use your own logic and research online.

stanley (Freedom)     19 April 2013

@ Lady in trouble . 

1. Do you know that a DV case takes 4-5 yrs to come to a judgement that too provided fool proof evidence is put forth .As per the act did your counsel covince you with tall claims of providing you reliefs within 60 days of the first hearing as per the DV act . you are an indian and by now you should know india better it happens only on paper . If your husbands is sending freshers did you ever try and review what your lawyer is doing . I presume you seem to take pride in hiring a seasoned lawyer . So why isnt your seasoned lawyer able to counter these freshers . Does it not raise a question Mark :-) 

First try to understand that Domestic violence act it  is a quasi criminal case . There is no sentence in the begining only a protection order can be passed along with a right for residence provided you have asked for it and only after a breach of the protection order under sec 31 of the DV act it gets criminal in nature . By the way under what section of the DV act have you claimed for reliefs may we know to understand what you are seeking .

2. On one occassion you say that you are fed up visiting court premises and that you are needed more in office . 

3. So you feel you are doing a wise thing filing 498 A and than get dragged in court for another 5-7 yrs :-) .

4. you want to file more cases i can name them for you and you can spend a few more years running around courts 

IPC 499 Defamation ,200 Using as true such declaration knowing it to be false

201 Causing disappearance of evidence of offence, or
giving false information to screen offender
202 Intentional omission to give information of offence by person bound to inform
203 Giving false information respecting an offence commited

My advise to you is to seek MCD and get  free if you dont want to live with him .Just spending your money and time in court cases is of no use .

1 Like

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     19 April 2013

U hav already filed petition for divorce, speed up  the proceedings.

Stanley, explained everything.

Good luc

Lady in Trouble (Management)     19 April 2013

Hi DV,

I want this to finish this asap as i have opturtunities from abroad too and moreover whats the point of continuing or dragging the case when he is already moved on in life and enjoying life. Mujhe latka ke rakhne mein kya mazaa milta hai usee...Im just in search of ground where i can quickly end this whole thing. He doesnt have family responsibilties, his parents are crorepati and lavishly spends a lakh per day in pub.

Where its not the case with me, i belong to middle class family and i have family to take care of and a future ahead.

Regards

advocate praveen (prop.)     19 April 2013

Ms. LIT,

U have to file another application before the court to disposse off the matter asap. if the court did not pass an order approched to the higher court / High Court.

regards

1 Like

Lady in Trouble (Management)     19 April 2013

Hi Stanley,

Thing is that he is not coming to both the courts at all, just to make sure the councelng doesn't happen anywhere near.

He doesnt appear at all nor he sends lawyer in Family court. Im fed as i take leave and go relgiously to court and what i get to see is that either case is postponed or his lawyer asking for permision.

Regards

stanley (Freedom)     19 April 2013

@ Author

If he isnt appering than your counsel should protest and force plead for an ex-parte order to be passed for the Divorce case . Alternatively you have not specified for the reliefs asked for in the DV case . Alternatively if you are fed up of the Dv case you can withdraw the Dv case rather than wasting your time and money in this court case . what outcome can you get from the DV case just a protection order :-)  

1 Like

Lady in Trouble (Management)     19 April 2013

Stanley,

Would mearely withdrawing the case allows me to goahead and forget the fact this physco can anytime comeback in life creating ruckus and reminding of ur past that legally we are still husband and wife!

He was so well planned that till the time we were living togther he was never reasy for marriage certificate.

Coming to relief part i have demanded divorce and seeked for losses be it monetory/will; incured to me in this marriage of short period(2months). 

He and his family just cheated me. All i can say is at my age he left very bad scar in my head for men clan that im unable to trust anyone now. They said they dont want dowry before marriage and immediately after marriage they started demanding money and started haraasing me mentally, doubting me on baseless grounds. I was really fed up.

Regards

Lady in Trouble (Management)     20 April 2013

Hi Stanley,

I have seeked for Divorce and looses incured to me and agony which im going through. Its all unecessary for me to go through all this..Just those people cheated and got married to me doesnt lead life anywhere.They should be ashamed that marriage is such an wonderfull institution and some people treat it as brothel home or ATM machine like my MIL and husband.

Sorry to use the language.

Regards

stanley (Freedom)     22 April 2013

@ Author 

nothing more can be said but you would have to spend another 5-7 years for getting a decree of divorce .

dineshp83 - Legal Fighter. (manager)     25 June 2013

In which city your case is going on ?

You can meet judge and narrate the whole story and take the matter to next level.

Harsh (Manager)     26 June 2013

@author

for your own good, dont file 498a. it may punish him but you wont get whatyou want.

just stick to your divorce proceedings and get it expedited.

if you file 498a, he may do more harm than good (never give you divorce, appeal in HC, file another case on you etc. etc.).  

498a is filed by three categories of people - greedy, needy and the vengeful. you dont seem like any of these.

and when you wanted divorce, why did you apply for DV?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading
Start a New Discussion Unreplied Threads


Post a Suggestion for LCI Team
Post a Legal Query