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borninmumbai (Buyer)     25 February 2016

Need second opinion on divorce case

I am in a very distress position right now. My husband has big contacts with corrupt politicians.

I have filed and FIR in July 2014 hhowever till date the police has not filed the chargesheet.

I was thrown out of the house on Jan 2014 , my child (  9 yr old ) followed me and is now staying with me.

Husband is a wife beater and abusive for which I hv given the evidence to our honest and dilliegient police officials in the form of audio evidence, pictures of markings on my body as my husband used to beat me.


Once he knew about the FIR he resorted to spitting on my face and beating me in ways which would leave no mark on me.

My 9 yr old son is the proof of this  along with my friends and some other people.

We have a DV Case ongoing and a Divorce case also.

Now the question is my husband in the counselling during the Divorce case was using foul language in front of the court counsellor. He accused me of sleeping with other people which is completely not true as he was the one sleeping with his girlfriends for which I have picture evidence.

Can i or should I do anything about the new accusations made in front of the counsellor whcih was also not mentioned in the divorce affidavit. At one point my husband also said I will destroy you in front of the counsellor. I would like to put this on record like as an NC or another case of defamation.

Our law systems sucks a lot. There is always a catch for everything .

I really need to some guidance and I could use a second opinion. I am tired of my life.

Appreciate your suggestions.



 8 Replies

Aashish George (lawyer)     25 February 2016

You need to hire a good advocate to defend your case and while posting queries you need to give us details regarding the sections which have been invoked in order to book your husband. Now, about the mediation proceeding, if you have voice recording you can produce it as evidence, but the appreciation of it is totally on the judge. There are rules that mediations are not discussed in court or any evidence regarding the same are generally brushed aside. But you should try non the less. Best of luck Aashish George




File DV case.  File divorce case under 13 (1) HMA.  You should not undergo anymore illtreatment at hands of your husband.  You file 125 crpc and ask maintenance for you and kid.  If possible take mutual divorce and 13 (b) and go for one time settlement, take good alimony from husband, you will need money for yourself and kid.  If remaariage is on mind thing throughly about it and remarry.  


You can contact me via PM.


All the best.

Vijay Raj Mahajan (Advocate)     25 February 2016

The matrimonial dispute between both of you and litigation going on will lead you nowhere, you should with help of experienced lawyers work out divorce by mutual consent after settling issue of alimony and maintenance for self and minor child, issue of child custody etc. The Mediation that is proceeding in the conciliatory center of the District Court is best form to work out these issues and you both should sit down and work out the solution. The mutual abuses and allegations during conciliatory process is not correct and it spoil the atmosphere so avoid it, even if you husband is abusive keep your mouth shut let him be taken to task for his misbehavior by the counselor and his counsel.

Samir N (General Queries) (Business)     25 February 2016

Do not file DV case. Do not file police complaints. All these are waste of time as you my have already realized...

Based upon the situation described, your marriage is not salvageable. File for divorce and maintenance. Compensation for defamation in judicial proceedings or quasi-judicial proceedings such as before the counsellor, have qualified immunity and monies you will get as compensation will be token.  If you have proof of him saying outside of Court environment that you sleep with other men, you can possibly get more. But then, he will say the same about your statements. Both of you will spend more years litigating these claims. So... to simply... file a simple divorce and maintenance case and be DONE! Then both of you can fearlessly sleep with whoever you like!!

The more cases you file, the more are the headaches and expenses, and of course the delays. DV will get you nothing more than what you can get in a divorce proceeding.

A walk alone (-)     25 February 2016

Court fight is a long procedure. If he has powerful political background then our judicial system is very corrupted you may not get anything. Hire some honest and good lawyer. Read some books related to laws it may help you. Keep a small recorder and record all statements or saying of your husband as evidences.

Mukesh sharma (job )     18 April 2016

Hi first of all you need to hire a good lawyer for you who defend your case in court and second if police not register your case than you give application in court and file case in court and along with your maintaince case you need to file case in  sec. 125 for maintaince for you and your kids also 

kept all avidence when your husband say you anything wrong and threaten you show in court 

it will help you in your case



1) Statements made in counselling/mediation are not admissable as evidence. But you should try anyway.  

2) Record everything he says to everyone. Hire good detective agency to follow his every move. Apply some IPC section or CrPC section on each and every statement he makes. 

3) Find a lawyer to draft petitions and file some more cases. You are not seeing good results because you have not filed enough cases.

4) It may cost you some money but you will be handsomely rewarded with dates to attend the court and tell the judge how horrible your husband is. 

5) Be a strong woman. Never give up by settling for mutual divorce. Make him pay for all his bad deeds and make him realize your true value. 

7) If you keep fighting bravely, most definately day will come when your husband will realize his mistakes and fall at your feet begging for forgiveness.

8) That day you can kick him away and refuse to forgive him. 

9) Police will drag him away to jail in chains where he will rot for rest of his life.

10) Victorious music will play in background and camera will zoom for close up of your face.

Born Fighter (xxx)     19 April 2016

Revenge and settling scores is a  sheer waste of energy and time. U do not need anyone's or even the court's certificate for that matter to prove ur character.  Dont get frustrated with ur husbands allegations...the more u get affected the more he will hit back with more allegations.


Contested divorces or litigations finally are fought on basis of MONEY spent and earned for parties concerned. Im assuming ur husband has filed for divorce ???? In which case u can ask for one time settlement amount and mover on ! As far as possible dont go for monthly maintenance , he will make u run from pillar to post until u get the money for every month.


U may not like it but reading from u on what kind of devil u got married with, i doubt he will even be ready to give u money !!

U seem to have got drained already and it also appears u dont have the right support to fight this evil man. Im not asking u to give up but if ur ready then u will have to atleast spend 2-3yrs fighting in the court to actually see things working out in ur favour (considering what u have narrated is true). U will need courage and loads of Patience.

All that i can say is keep ur objective - divorce, if u try putting cases u will end up atleast 6-8yrs in court. All the Best !

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