Need suggestion_urgent


Hi all,

My situation: 

1) Arranged marriage, MIL demanded that marriage had to be conducted grandly and took over 2.5 lakhs worth of gold/silver/etc. Abusive relationship, so got separated from past 1.3 years.

2) mentally tortured me a lot; he and his family threatened and forced me to write a note saying i am leaving him on my own will; and made me leave leave the house which was in different city (no my parents city)

3) husband stated many times he will go legally/will file for divorce/ created fights and pushing me to apply for divorce.

4) we both are working in MNCs, his salary would be double (or more) than mine.  

Now my question are:

1) Can i apply for divorce; maintance and DV (as its been more than 1.3yrs) ?

2) If other party doesnt take the court divorce notice, I understand that ex-parte will be granted eventually. How about the maintaince? (i dont have any proof of his income though i know his approximate salary).

3) If ex-parte happened then will the maintaince case be scrapped along with it or how does it work?

4) How long would it generally take to get an ex-parte ( am saying ex-parte here because we are sure that they wont take the court notice - as they just wanted to get rid of me and not pay any compensation/alimony).

Please clarify my doubts. 

Thanks. 

 

 

 

 
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Engineer

You can file as many cases as you want. But make sure that you are not filing false cases. Otherwise you will waste your time as well as of your husband.

Instead of ex-parte, go for MCD. Then You both can plan for your future life.

If you are earning sufficient to leave a decent life, then you won't get any maintenance. It has become a fashion now that all working women file applications u/s 24 of HMA  or DV and demand maintenace, which ultimately is dismissed.

No body can tell how long will it take to get divorce. Generally these cases go for appeal in HC and SC.


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Firstly, do read the complete post PROPERLY, and BE GENUINE in answering like how we (help seekers) are asking genuinely giving the whole scenario. 

Secondly, its very easy to say that what you said ----  "It has become a fashion now that all working women file applications u/s 24 of HMA  or DV and demand maintenace, which ultimately is dismissed." -  Its not fashion but its OUR RIGHT to claim for compensation -- to take back what we gave them in the first place during marriage as per their demands; The guy and his parents SHAMELESSLY DEMAND for everything during the marriage - money, gold, clothes,house-hold items, etc... Cant understand how Low and cheap can you guys fall????? 

If i had ATLEAST filed the ACTUAL charges, they all would have done rounds of jail and jail-time by now. 

I dont want to vent out my frustration of my situation here, i just need genuine advice. Thats all!

I NEED ADVICE/SUGGESTIONS FROM Genuine/Legal personals who are here to REALLY help people like me who are in need. 

Please advice. 

 

 

 
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Engineer

Sorry for my comment in previous post.

Unfortunately, there is no law through which you can claim expenses of marriage ceremony or gifts exchanged. However, you can file a case u/s 406 IPC to get your material from in-laws. You can file case for demand of dowry or cruelties u/s 498-A .

 
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Consult a local advocate, as your case requies detailed analysis. 

 
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Yes first you lodge a complaint at womens protection cell. the law is more powerful to protect women, if any one of you applyed for divorce, you will be called to famiy mediation centre where councling is done for both, you can tell you openion openly in councilig centre ( it should be facts) same as you husband has to tell the facts, no court will grant divorce immediatly, first they try to neogiate and compromise the pair.If the fault is from you husband they caution him, still if he disires to take divorce, he need to pay you compensation for monthly mainantance irrespective of the income.So be bold and lodge complaint in womens protection cell.

 

Sreenivasa Rao.S.

 
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Engineer

@Sreenivasa Rao

Please don't misguide her.

Husband and wife both are working in MNC. Do you have any judgement/citation, wherein court has given maintenance to wife, when wife is earning decently?

From the facts of the case, it is clear that lady is well aware of criminal laws and does not want to use it.

Husband has forced her to sign a note of leaving the house. It means, after 2 years, husband is planning to file a divorce case on grounds of desertion.


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Other

Yes Gopal is right here. No court is gonna grant her maintenance based on the fact that she can maintain herself and is capable of earning well. Her application will be dismissed at earliest stages.

@Author---> If still u want to go for maintenance, pls go and try. U will just wate ur precious time and money. Advocates will always guide u to file for maintenance in 125 or under 24, cos its their bread n butter.

The decision lies on u only, better go for MCD and one time compensation rather than wasting time in litigation and going for rounds in courts.


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Hello...

I need an urgently advise on the way to go about my tortured life.

I got married in July 2012 and have been tortured mentally by my wife. To an extent where I had even thought of commiting suicide but somehow came out of thought of proving my innocense.

However, now I want to file a divorce but I have been told by the lawyers that I need to wait to complete 1 year but the situation at home is getting worst where she is creating problems to me, my mother and other family members.

Whenever I confront her, she and her family is threatning to file dowry harrasement case on us though we have not taken a single ruppe from them.

PLEASE HELP !!!

 
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Bangalore

Originally posted by : Vikram

Hello...

I need an urgently advise on the way to go about my tortured life.

I got married in July 2012 and have been tortured mentally by my wife. To an extent where I had even thought of commiting suicide but somehow came out of thought of proving my innocense.

However, now I want to file a divorce but I have been told by the lawyers that I need to wait to complete 1 year but the situation at home is getting worst where she is creating problems to me, my mother and other family members.

Whenever I confront her, she and her family is threatning to file dowry harrasement case on us though we have not taken a single ruppe from them.

PLEASE HELP !!!

 

 

 

file for divorce immediately.


State all your grounds on which you intend to seek divorce, like that if they put 498a it wont sustain as matter is already pending before court.


With regard to filing application for divorce within one year, one should submit reasons to the judge in writing as to why in such urgency you are filing it, you may also state that you doubt that she will file 498a, as an additional ground of cruetly. Let her file 498a or DV, your divorce is for sure, as filing          false cases on husband amounts to mental cruelty.  Divorce pakki samjho!


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