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asmara (team member)     17 August 2011

Need justice

My Name is Asmara, i got married recently (april 20th 2011),  my husband went to United States of America with in one month and i heard that he is maintaing unmarrital affair with a same cast girl and also have a affair here with her sister in law in inida (in his house), we have an argue in this matter then my family members convency me now he is not willing to maintain relation and staying with that girl and now he is demanding divorce for that girl sake and even he is not speaking with me, and his brothers, sister in laws and uncle  asking for more dowry to send me there, so i want to file a case on him so that he has to come to india and i can speak in clear with him then why he married as i am looking like a toy for him. Please hope for the reply, please help me as per law what step should i take.

 

Thank you,



Learning

 6 Replies

Aishwarya (Teacher)     17 August 2011

@  dee

Go for marriage counselling first..

next suni sunai baaton par kripya dhyan naa de aur vishwas naa kare jab tak khud naa dekh le..

talk to ur husband face to face, try and make a contact email karo, fone karo, letter likho ,kuch bhi just establish route for communication.

if he does not want to continue then it is apt to part ways decently without any cases

Adv. Chandrasekhar (Advocate)     17 August 2011

Asmaraji,

you came here in "lawyers club of india" expecting some good lawyer can give you some good piece of advise, which may help you to come out of the problem.  I know you are not expecting any moral preachings from us.  Had you thought so, you would have visited to some religious site to get relief.  So, my advice, as my profession demands, is purely legal.

1.  Your marriage was held in April, 2011.  I assume you are Hindu.  If so, within one year either you or your husband is prohibited to file any divorce case.  Exception is there, but not applicable in your case.

2. You have believable knowledge that your husband has extra marital relationship with some one else and also with his sister-in-law.  Your assumption may be correct, but it is difficult to prove it in court.  So, that piece of knowledge helps you to understand the wayward  behaviour of your husband but not provide you any solution to your problem.

3.  I do not know whether you are employed or earning some thing.  If you are not employed, you have got a right to get maintenance from your husband.

4.  It is a fact that your husband's relatives are harassing you for more money (dowry) to send you to U.S.  It is domestic violence.  In addition to this, your husband has got inherent duty laid down upon him from the first day of the marriage to take every responsibility of yours - regularly find out about your how abouts, provide for your maintenance, provide congenial atmosphere for you in matrimonial home.  Shamelessly he abandoned all those responsibilities and put you in misery.  It is undoubtedly domestic violence.  

So, finally my advice to you is to file  domestic violence case against your husband and other family members, who have been tormenting you.  In this case, you can seek the reliefs according to your needs - shared household, maintenance, recovery of stri dhan, protection from any physical violence from the husband's relatives.  In this case also, once you file the application, notices will be served on the other parties - husband and his relatives.  There, you can ask the court for mediation / conciliation with the husband.  There you can test his attitude - whether he is compelled to abdicate his responsibility or intentionally abandoned you.  According to his response, you can proceed further.  (Some people will ill advise you that if you filed DV case, how can mediation / cohabitation possible.  You have first initiated court process so the chance for reunion is spoiled.  They want to sketch you as vampire for going to court and abuse you in several ways and names)  Do not   believe them.  Had your husband was a good piece of human being, he would have not put you in such misery within 4 months of marriage. So try your luck in DV case for reunion. 

Wish you best of luck.

Ravinder Kumar (Account Director)     17 August 2011

@Chandu Sir, Or Aik DV case dalwa diya aapne...

asmara (team member)     19 August 2011

actual se wunko communicate karne ki koshish mai bhaut kar rahi huum par woh mera phone lift nayee kar rahee hai aur vun kaye bhayee yoo ko inform kar rahee hai aur unkaye bhai loog serious on my father, and they are telling that he is not interested to continue the relation so kindly dont call to him. Thats why i dont bother about the news or any stories but he is asking for divorce now, so thats the reason i want to communicate with him directly so that he has to come to india, and he is not willing to come here so thats why i want to file the case. please show me the way that to communicate with him directly. Hope you will understand my situtation for a girl divorce is how big it is to face the society.

asmara (team member)     19 August 2011

I am not Hindu, i am sunni muslim and till now i didnt file any case on them because my parents hoping for the better, but when ever i am trying to communicate with him he is not picking my call and also not replying me and even in orkut also he deleted our marriage photo album and also mention it as his status as single. Now main thing i want to communicate with him directly that why he is playing with my life like this, even they said all the faq information that he is doing job in a company as he is not doing a software job till our engagement after my engagement i mean marriage date fixed only then he got the job and before engagement only they taken my dowry amount of 12 lakhs cash and then they take 5 tulla sonaye ki bracelet for him. Now asking for more dowry but there is no intention to take again then also same position in my life so i want to talk with him directly how to bring him back to india, he is not willing to come, i hope that if i file the case only he will come please help me regarding this. Thank you

asmara (team member)     19 August 2011

no till now he didnt apply for the divorce but his brother and uncle said to us that he dont want to maintain relation ship with me any more. i am not employ at present even my parents situation also worse to give amount also. my brother has system and i bought data card to try to communicate him. but when ever i am trying he is not replying and keeping in offline


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