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san   03 May 2017

Need advise

I got married in Feb 2016 , after 1 week of marriage my husband leave me at my sister house and he left to another city. becuase he was in love with another girl, becuase of his parents force only he got married. after that i also left to another city for job purpose. i used come monthly once to meet them, in that time my husband and his family members used to torcher me for money. and if i go to my husband's place, he n his girlfirend used to fight with me. after all these incedentens i decided to move my husbands place permently , i thought things may change if i move closely with him. but Again the same story , he used to spend most of the time with his girlfriend, alays used to beat me.his parents keep on asking my salary. i spend all my salary to them and my house rents, groceries only. he never ever spend signle ruppe for me, not even for food, clothes, houserent.( EVen for his innerwares also i purchased). his salary was 10k but at the time of marriage he said 20k.i was earning 35k.he does not know anything i tought him everything ( Dressing, how to behave in office, english, searched job for him etc.. ).one day he eloped with his girlfriend, but after few days that girl got married another guy. again he came back to home, he was good with me. His parents called and spoke then again he started daily beated, shouting not allowing to speak with anyone. he took my debit cards and used to drawn money and enjoyed. After that he lost his job, i showed one job he joined. through that company now he is getting 30k. so he left home and told that he dont like me , dont want to be with me. he wants to marry another girl.( he is having many girlfriends. even in relatives also). i want to file case against him. i want my money back which i spent for him and his family. he just used me to solve his financial issues. his parents knows about his love story even thought they spoiled my life.now he settled in his job, he dont want me and his parents also thinking now they can get good dowry form other .he alwasy used to tell that im not good looking girl, only thing is he wants money. Please help me what can i do in this case. I already lost my life.my dad is heart patient , so they are taking this as advatage and used blackmail always.



Learning

 19 Replies

Praveen Kumar (Intern Lawyer)     03 May 2017

Dear San, 

Kindly contact the nearest women cell. Your matter can be resolved through the Mediation Cell. The truth and pain behind your story is better known by your self only. Try to resolve the matter through mediation cell. Once the cases will be start, you will be behind of many years from your present growth.

If the mediation fails, the women cell will also direct you to take the necessary legal proceedings.

san   03 May 2017

Hi Praveen,

Thanks for the reply.now my husband is not leaving with me, he left home after he joined his new job.I am staying in hostel  Since Jan 2017. 

Is it ok if i file case now?

saravanan s (legal advisor)     03 May 2017

if you dont want to continue relationship you can file 498a over your husband and his family.also you can claim divorce on the grounds of cruelty and adultery ( if you have sufficient proofs).if you want to continue your relationship you can file a dv case over him and you can ask for residential order , maintenance, protection order and few more.the protection officer or caw cell may help you regarding this

sneha sawani   03 May 2017

Hi sir, Im a law student nd im in bls/llb 3rd year Nd my subjects are family law 1, constitutional law, environmental law n ipc. Now, my qstn is how to studys in last moment bcoz my xam r strting from 15th of this month Pls help me that how to do studys of these subjects

sneha sawani   03 May 2017

Hi sir, Im a law student nd im in bls/llb 3rd year Nd my subjects are family law 1, constitutional law, environmental law n ipc. Now, my qstn is how to studys in last moment bcoz my xam r strting from 15th of this month Pls help me that how to do studys of these subjects

sneha sawani   03 May 2017

Hi sir, Im a law student nd im in bls/llb 3rd year Nd my subjects are family law 1, constitutional law, environmental law n ipc. Now, my qstn is how to studys in last moment bcoz my xam r strting from 15th of this month Pls help me that how to do studys of these subjects

Praveen Kumar (Intern Lawyer)     03 May 2017

Dear San, 

You can file a case of section 9 HMA against your husband.

Section 9 in The Hindu Marriage Act, 1955
9 Restitution of conjugal rights. — 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. —Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 9 [***]
 
This case will show your intention that you still want to join your husband. You can also filled some criminal cases against your husband and in-laws for cruelty but you will loose your marital life after filling such cases.

Praveen Kumar (Intern Lawyer)     03 May 2017

Dear Sneha,

Check the topics from your examination and search the contents over the internet. The e-reading of contents will be effective for you under the preparation of your examination. Read and learn atleast two three case studies along with each section to keep the remembrance of section in the mind.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     03 May 2017

Dear Sneha,

You can follow Sujatha Law book guides

san   03 May 2017

im not able to decide whether to stay with him or not. My husband left the house once he joined in new company. now im staying in hostel since jan 2017.I dont know anything about these LAWs and Compliates If i want to fiht, i have to fight alone, because my dad is heart attack patient 

1.i want to know whether i can file DVC or not ? ( now im not stayngwith him )

2. i want to know, if i file case, will i get all my money back or not ? which i spent for his family and for him.

3. is there any chance to get maintanence ? ( he spoiled my life, he was loving anyother girl and married me, still after marriage he continued the relation and used all my salary for his expenses. he did nt even spend sigle ruppe for me or for house expenses)

i paid his Exam fee, LIC, CHIT 

Dowry : He is not ready to give back , they are saying marriage expensses.

Proofs : House owner and few relatives knows that he  beated me daily and eloped from house.Having only few transaction proofs ( Bank Statement ).that too upto approx only 250000. But i spent nearly 450000

He cheated many ways

1. not a Btech graduate, but told n printed in wedding card as Btech graduate 

2. salary 10k but they said 20k. Even though he did nt even spend signle ruppe for me ( house rent, grocery, for his cloths, ( Undergarments also i used to purchase )

3. he cheated me and paying chit with my salary. CHIT is with his name, 

4. having girlfriend , he wanted to marry that girl, because of his father he could not marry, and he took promise from his father that after marriage also he wants to continue the relationship with her, his dad said ok and he told him to keep an eye on my salary before marriage i gave my whole salary to my parents , so they are suspecting me that im still continuing that.

5. My husband and his family wont speak anything with me, untill it is related to money

6. My husband sister always torhcer me like anything and she was studing 10th Class. ( always used to shout at me, money, dresses , not giving respect to her like that she will say soomany things, she wont allow me to eat anything, she will put all food inside and lock )

7. i should listen only my husbands father words, i should speak always with him, not to my husband. if i want to tell anything i should tell to him, not to my husband , other wise they both will bea

sneha sawani   03 May 2017

Thanku soo much Nd sujatha law books is available in internet?? Or else i dnt knw whr i getting it n as of now im refer prakash mokal's notes Is it right notes?? Pls tell me

Praveen Kumar (Intern Lawyer)     03 May 2017

 

Dear San,

You can file a case under DV Act. You can claim for the ISTRIDHAN which your family has given to you and your husband during your marriage. You can claim for the items and amount given in the marriage. You cannot claim to get back the amount whatever you have spent over your husband and his family members.

As you are already getting a good salary from your husband, you might not be succeeded in the case of maintenance. However you can file a case for Dowry 498 A and 406 against your husband and in-laws. But you need to think atleast twice before proceeding for this case as the proceeding of the case will carried to you towards the DIVORCE.

If you don't have any hope for the reunion with your husband. You can file the abovesaid cases.

san   03 May 2017

HI Praveen,

he is not ready to give dowry back. he is telling marriage expenses , we cant give back.

he simply married because of money, once he got good job, left me and now wants to get marry another girl.now he is earning 30K. now he will marry and live happyly

what mistake i did to suffer like this. who will ready to marry me. every one will say second marriage only. i dont want to go for second marriage also.

please advice me , what i can do to get my money back

Praveen Kumar (Intern Lawyer)     03 May 2017

Dear San,

The dispute is not between the an employee and employer where you just need your salary and you will find out an another job after leaving this job.

Section 406 of IPC allows you to get back your Istridhan from your husband and inlaws. But once you will get back the goods the chances of reunion between you and your husband will be less.

As per my opinion you should file a case against your husband under section 9 of HMA to save your married life. 


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