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sheeba (nil)     21 June 2012

Lawyers help me against domestic violence...

hi, i got married 1 year before. but my husband didnt lived a family life[hope u all understand what i am refering] with me yet. if i ask about that he said he is not interested to have it with me. he will have when he like.till then i have to wait.else he ask me to leave home or marry some else or die. totally he urge me to take my own decision go off. on the other side,his sister and mother treated me badly. he always being with her sister.if i argue about that he beats me. his mom and sis talking about my family badly.we gave whatever they asked as dowry. but his mom still treat me like i came as empty handed.i love him so much.but he is not.now i want to know whether is there any law to punish him or to warn him and his mom and sister. pls help me friends....pls [now i am in mom's home,he beats me and drew me out because i informed everything to his father. he beats me infront of his mom and sister.now i am planning to study my post graduation in IT. is there any chance for him to stop my studies using law]



Learning

 14 Replies

Adv Archana Deshmukh (Practicing Advocate)     21 June 2012

File a petition under domestic violence act seeking protection order and residencial orders.

He cannot stop you from studying.

1 Like

sheeba (nil)     21 June 2012

mam now he is planning to go abroad without saying me. is there any chance to stop him?

Adv Archana Deshmukh (Practicing Advocate)     21 June 2012

You cannot stop him from going abroad. However you can enforce your rights relating to residence and maintainance against him if he is denying you the same. He can go abroad, but he is duty bound to maintain you.

1 Like

Ranee....... (NA)     21 June 2012

Your marriage is also not consumated yet.I think there is a connection between this and his rude and abusive behaviour towards you.You before going to any lawyer take him to a doctor or marriage counsellor.


(Guest)

if you are deprived of s*x which you want ...........then what the f word is stopping you to go ahead for a divorse?.

sheeba (nil)     21 June 2012

i already took him to consellor. he gave pills to improve his performance. but my husband refused to follow any of the doctors instruction. he says he is normal. but not interested in family life with me. i asked whether do u think any mistakes physically in myside, but his answer in no.


(Guest)

u behaving like an innocent kid ....which is certainlly not the case !! take a divorse and move on ....find a performing partner this time !

1 Like

(Guest)

Follow my bro Ananya's advice..move ahead and go for a normal man unlike my hubby..

Ramesh Potedar (Advocate)     22 June 2012

File a 498A case against your husband.

Adv Aileen Marques (Lawyer)     22 June 2012

If you wish to continue with the marriage then you may a case under Protection of Women from Domestic Violence Act 2005, for protection, residence and monetary relief orders. 

Sunita Jazy (Giving Happiness)     22 June 2012

 

 

Read the below

  Void able marriages

(1)       Any marriage solemnized, whether before of after the commencement of this Act, shall be voidable and maybe annulled by a decree of nullity on any of the following grounds, namely.-

 

(b)       on the  ground special in clause (d) of sub-section (1) shall be entertained unless the  court is satisfied-

 

(i)        that the  petitioner was at the  time of marriage ignorant of the facts alleged.;

(ii)               that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriage solemnized after such commencement within one year from the date of the marriage; and

(iii)             that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of  4[the said ground]

 

 

COMMENTS

Where the petition for annulment of marriage is filed after 8 years of marriage, such a petition would be barred by time-Sarlabai V.Komal Singh AIR 1991 MP 358.Selectin of bride with total knowledge as regards her defects would  serve as estoppel from arguing that marriage was tainted with fraud.-Ruby Roy v. Sudarsan Roy 1988 Cal.210.

Where mental disorder of the wife was the ground for obtaining divorce, there cannot be a challenge to the grant of alimony on the ground that mental disorder was in existence prior to the marriage and therefore the marriage was  voidable under s. 12(1)(b) -Mukesh Mathur V.Veena Mathur AIR 1989 Raj 97.

Where the annulment is sought on the ground of fraud, details which  the professional match makers supply bear no relevancy as the parties are at liberty to verify the facts.-Deepayan Chatterjee V.Papiya Chatterjee 1990 (1)HLR 113

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     22 June 2012

Don't be hasty ,  file a case under DV Act and continue ur studies. Find reason for not leading family life. If is not possible with him go for divorce. Keep the prescripttion  and doctors advice .

As u want further studie, go on it  while procecute the case.

Don't spoil the youth.

Good luck

Sunlawseeker (lawaspirant)     22 June 2012

There are numurous solutions in law for your problem. But, they are to separate you and your spouse. No law like Domestic Violence and 498A I.P.C, Sec.13 of Hindu Marriage Act shall give a permanant solution to you for a peaceful life. 

Take an instance, If you marry another man after getting divorce from your current husband, Could you say that the person will not be like your husband? How can you predict the matter?


Thus, If you have true love on your husband, continue your negotiations with him.  Simultaneously, you have to enhance your qualification, braveness and ebility.  Be Optimistic and take this as a challenge and overcome the same. Hope you will achieve.  Try to settle the matter amicably failling which you may come to the court.  If you have another plan please go ahead using the above-said laws as weapon.

All the Best.


(Guest)

Nina Rakheja is my shemale brother !!!


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