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Ramya Ammu (Head Corporate Communication)     28 May 2011

Need quick expert opinion regarding filing divorce

 

Hi,

I have wrote everything in a detailed manner because I wish I could get the best help here.

I was legally married about one year back. I'am an MBA gradyate,23yrs of age and was not employed at the time of marriage.. The person to whom I was married was a Diploma holder, the only son of a retired parents. He is financially sound. In the initial day of marriage itself they took away my gold ornaments given by my parents  at the time of marriage. They pledged it without my knowledge. They wont take me to any functions and if they do so they will be just insulting me over there. They just kept on demanding for more gold or money.

My husband has an inferiority complex for I being more educated than him. After 4 months I joined a job based on my qualifications. He would just speak to others that he is not interested to send me for a job. But will take away my salary as soon as i get it. 

He wont take me to a doctor even if I lay ill for days and when I go to my home he wont even give me a call. In the mean time I was carrying, But they didnt allow me to leave my job. They compelled me to go just because they wanted the salary. He was not ready to spend even a penny for me and has no savings with him either. 

He comes to bed at midnight usually at 1.30am or so…Till that time he has to chat with his parents. But he would just  shout at me if I call my parents atleast once in a day. He just abuses me when my parents come to his home. He is just a doll in the hands of his parents. A person with no love for his partner. There were incidents when I just thought of suicide but didn’t have the guts to do that. He would just say to me that I don’t want to be with you and why don’t we do divorce without any reason even from the initial days of marriage. I do believe that he is not mentally normal.

Atlast when I found they have pledged my ornaments, I somehow got that from them and changed it to a bank locker. They were not happy with that. In the mean time I was 2 months pregnant. My mother in law is a retired Nurse and I believe that she somehow got my baby aborted without my knowledge as they were disturbed with the locker incident. And for them that was more important. I think their intention was to get rid of me and get their son married to another girl.

I didnt say all this to my parents for seven months because they I was sure they wont be able to bear it. But after the abortion I was not interested to go with him because of all these problems. And I talked about this to my parents and decided not to go to his home until I see some change in him.This was in January 2011, seven months after marriage. But he was the worse , he just kept on making stories about me that I wanted him to go to a rented house and was not ready to live with his parents and so and so.

After living separated for about 5 months, there were no contacts between us he filed a petition and I got a notice asking me to go and live with him  from the family court. It was received two days back. The marriage was on June 2nd, 2010.

Now I would like to know what can I do. I don’t  want to live with him because has been torturing me mentally and physically for seven months and I’m sure he will continue the same. I don’t have any proofs for all these sufferings because I was not expecting all these will happen in future to record them out.

I would like to know:

1.     What should I do next?

2.     Wont I be eligible for compensation as I’m employed.

I do want to get the best compensation because he has destroyed my life and future. What can be done for that?

3.     Should I go to the police and file petition that he has threatened me asking to go back to live with him( He has done that of course , but don’t have proofs.)

4.     Can I file a case against them for asking more dowry , is it too late now?

5.     How long will it take for me to get a divorce if it is not a mutual consent divorce.

6.     If we go for a mutual consent divorce is it that I wont get compensation.

Please do answer these as well as possible as it concerns my life and future. 

Look forward to hear from you,

ammu

 

 

 



Learning

 4 Replies

Tajobsindia (Senior Partner )     28 May 2011

1. What should I do next?
Take: Set up elders and or neutral persons meeting between both families to resolve in civil societal manner differences.

 


2.
Wont I be eligible for compensation as I’m employed.
Take: If you are earning then why you need compensation ? If he is not earning then no compensation can be allowed. Infact he can ask for compensation from Court from your earning ! (Financially sound in your brief is not clear to us)



3. I do want to get the best compensation because he has destroyed my life and future. What can be done for that?
Take: You can file maint. case under DV Act + S. 125 CrPC + S. 24 HMA + S. 20
HAMA and joined together out of the four maint. / compensation cases the desired “best” you will get for which if you can prove the same in respective proceedings.


4. Should I go to the police and file petition that he has threatened me asking to go back to live with him(He has done that of course , but don’t have proofs.)
Take: A husband can always go to police if his legally wedded wife leaves matrimonial home to seek assistance of Police to trace and bring her back. It is not called threatening in no stretch of imagination.

 


5. Can I file a case against them for asking more dowry, is it too late now?
Take: Yes, but you have to prove before Criminal Court that they asked dowry. Mere making a statement does not help in a criminal case.

 


6. How long will it take for me to get a divorce if it is not a mutual consent divorce.
Take: Average is 3-5 years if it is contested.

 


7. If we go for a mutual consent divorce is it that I wont get compensation.
Take: Mutual consent means both of you are agreeing for compensation that you will propose and he agrees. I see remote possibility given to understood your presented briefs. Well, by mere filing mutual consent divorce you donot raise a “demand” for compensation as mutual consent simply means both of you have mutually agreed to certain terms and conditions to end both of your matrimonial bond and it also includes return of certain stredhan and for future alimony (one time payment) and other terms like withdrawing if any criminal and or other civil cases if any.


Generic take: See where you can place affordably yourself into future course of cause of action and suggest to do few in-chamber discussion / counseling with a ld. Advocate in your jurisdiction to filter out possible way out from your presented briefs as internet forum suggestions are having limiatations. 

pujols20 (Techie)     29 May 2011

2. Wont I be eligible for compensation as I’m employed.

If your husband is not earning or jobless, please pay maintenance to your husband since you are working.

Ramya Ammu (Head Corporate Communication)     30 May 2011

Hi,

He is employed ofcourse and earning more than me. Also he is the only heir of his ancestral property worth 90 laks or so and that makes him in a better financial position.

He was not ready  to discuss anything with my family or relatives and instead he went to file a police case. He could have atleast spoke to us before that. Threatening not just once but he used to behave in the same way when I was at his home.

Anyway I dont think of wasting my years fighting for compensation  and have arranged an advocate. Will be acting according to his instructions. 

Whatever I lose living with him , I cant get it back,... no amount can be a compensation. I'm just in my 23 and I dont know whether I will be having a married life in future after I break this.

I had decided to go for divorce only after thinking a long time months and months. Why do you need a husband just to show-off to the society if he is just giving you pains and sorrows, and not even a drop of love. 

Thank you all for your help. Hope the almighty will guide me.

syed (Branch incharge)     30 May 2011

Dar Ammu,

My suggestion is to be calm an do not push cases on husband that will take years to solve as he himself is a rich person, as said above try MSD and make simple agreement that include maintenance ( include other mantenanc if you have baby) and get out of his life.

As said you are 23 you are still having plenty of happiness to live, and laso i can bet you will get married once again

why you want to run behind courts when you have life to live


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