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Arup Chatterjee (Scientist)     05 May 2014

Mcd or 498a ?

I got married 6 months ago and it was an arranged marriage in Hindu Marriage Act 1955. After marriage within 10 days my husband went to USA as he is working there. He is an Indian citizen till now. 

I used to stay with my in-laws. But after few days he started to torture me mentally by not allowing me to go out of the home, not even to meet my parents. He always used to doubt me with my past relationship, to whom I had no relation at all and my past bf also doesn't live in India. He started behaving psycho by blackmailing me saying he would kill him if I don't obey his each and every words etc. 

Besides I came to know that he has some relation with a married women in USA, also he use to go for dating with girls there or prostitutes, but I don't have any legal proof, I came to know about through friends and his conversations with his friends. 

Now I have decided to divorce him. I also want alimony as he has destroyed my life. What will be the best option for that?  I have proposed him for MCD, he has taken some time. My question is :

a) If he agrees to MCD , then how can I ask for alimony? b) If he deny alimony how can I demand that? c) Will a divorce file and 125 guarantee me my alimony?  d) If I go for 498 will it force his family to pay the compensation? e) As he is in USA, if doesn't agree to MCD or to Alimony then what are the provisions in law to force him ? f) If I file 498 will that force him to come back to India and solve the matter? 

Please help. I have no legal idea.


 4 Replies

kalidas s. pote (Advocate)     05 May 2014

a) Before filing MCD both the parties decide the terms and condition of MCD, in that you can demand for lumsum permanant alimony amount. b) if deny, you can file DV case, 125, Maintenance under Hindu Marriage Act.  c) yes. d) chance are there. e) DV, 125, 498. f) yes, it happen with my client. police called his office Dubai inform about 498 and his office bearer sent it back to india. recently in 498 case my client passport ceased. he can't leave india without permission of Court. he is indian but malaysia permanant citizenship.

Gautam Kapoor (IT professional Studying Law)     05 May 2014

hats off Mr.Kalidas for asking the police to call Dubai office.Did you not go for red corner notice.One more feather in your cap for getting the passport ceased..Is the poor guy paying your client maintenance.

Gautam Kapoor (IT professional Studying Law)     05 May 2014

the author never ever mentioned any dowry harrasment and you have already prophesing 498

There has been no incident of dowry harassment as per your is better to have MCD and move on in life....

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