dawleekumari (Bachelor) 25 December 2015

Need urgent help

Dear Experts,

My NRI husbent diserted me and now I m suffering as per Indian law.. the detail as follows:

Got married in th eyear 2010.. I joined in his working place (UK) for 4 month.. During this stage he turtured me like any thing.. even he bit me and asked to do many things like a slave.. although I am MTech holder, I seek to do some job but she never allow to do so..

Simply his mentality to underestimate me and be at home.. In the mean time I got pregnant and by 4 month due to mental stress I got miscarriage.. Medical history also revealed that he has some issue in sperm quality.. but later he simply blaim me the cause for miscarriage..

Due to huge mental torture, I came back after 4 month in the year 2010.. and after that he simply act in phone but never came back to take me..

He filed RCR and in 3rd notice, I attaned the court and the moment I atatend the court he claverly with drew the RCR and quickly filed divorce case..

Now divorce case is going on and we are separated for around 3 and half year .. He want quick dovorce..He is rushing to court from UK in each date.. now case is in hearing stage.. as he is sincerely coming to court so magistrate is in his favour and trying to give the final decree..

How ever, I want justice.. what ever he torture me and he spoil my life, I want to take revenge and I dont want to give any divorce..

In the mean time why I don't know, magistrate rejected my interim alimony claim and now I m job less and difficult to sustain with my father money..

In the mean time husbend attend court very regularly and told to magistrate that he made false issue that I had past issue with one boy and he submitted some false telephonic records.. all has no detail.. he is using the internet calling system, and no identity..For this magistrate has more sympathy to him and rejected my interim alimony..

please suggest me what shall do?

please guide me? shall i appeal in high court? shall I pray in court one more time?

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30 Replies

saravanan s (legal advisor) 25 December 2015

contest the divorce and prove that his claims were false.thats the best thing you can do.

dawleekumari (Bachelor) 25 December 2015

Dear saravanan,

Many thanks for ur suggestions...But if lower court rejectd my Interim and seems to be awarding a final decree..

I understood that lower court decisions also value a lot in higher court...

hope I will get justice from higher court?

Please suggest me..

saravanan s (legal advisor) 25 December 2015

file an appeal against the interim maintenance order

INDIA (SELF) 25 December 2015

Sir / Madam,

Please advice me

I filed a petition in High Court as Party-in-person.

The Hon'ble Justice informed me send notice of appearance through registered post.

Whether I should send it personally, OR will I inform the court to send the notice through court

Kindly mention the format of notice to be sent to the respondent

Sidharth 25 December 2015

Its good that you are appearing as party in person. But it is advisable to take the help of clerical staff of lawyer known as munshi

It will save you from unnecessary harassment and clerical mistakes

dawleekumari (Bachelor) 25 December 2015

Dear Saravanan,

Today I had a chat with my advocate and his comment as follows,

The interim already rejected by lower district court... Some time unless its not much allegations or difference higher court generally give respect to the lower court..

In that case, if i appeal at higher court, will they internally communicate to the lower court or review the case from lower court?

In such case, if I appeal at higher court and after a long await still they reject my appeal, then it will be time loss and money loss..

But on the other way I want to take revenge for this case.. Just to know that there should be some justice on me what I faced in my life?

INDIA (SELF) 25 December 2015

Sir / Madam,

Please advice me

I filed a petition in High Court as Party-in-person.

The Hon'ble Justice informed me send notice of appearance through registered post.

Whether I should send it personally, OR will I inform the court to send the notice through court

Kindly mention the format of notice to be sent to the respondent

INDIA (SELF) 25 December 2015

I thank You very much Sri Siddharth Sir

Because of the problems I faced with the engaged advocate, it made me to file in party-in-person

Please advice me how to send NOTICE to the respondent

Also please inform me can a high court issue two different orders for the same dated Order

dawleekumari (Bachelor) 26 December 2015

Dear Noname, I agree with ur opinion.. Even I was working befoe marriage..

But due to mental pressure, now I can not work..

Also they are powerful and I scared to go out without security..

Prakash S Thakkar (B.S.L LL.B) 26 December 2015

File an application u/s 340 (1) of Cr. P.C. on the grounds which ur husband has mentioned in the complaint. For more details u can call me on my cell no: 09765470629.

Anil Upadhyay (Lawyer) 26 December 2015

send documents, then proper advise can be given

A walk alone (-) 26 December 2015

If he tortured you why dnt you file complain against him in 2010. If he submitted false evidence then challenged the evidence for forensic test in court . On what ground he file divorce?

Anand Bali Adv. (Advocate Solicitor & Consultant) 26 December 2015

Have you applied for the review in the lower court?

In case the petitioner is filing wrong and forged evidences why those are not challenged in the court?

On which grounds your interim maintenance was rejected?

You came back of your own or sent bk forcefully by him? How to prove it.

Why you not have lodged any police complaint against your sufferings and cruelty done to you;

These are the some questions whhich are to be answered befor any good legal advise can be suggested to you.

Send me your case file I shall suggest you some thing good to defend yourself and claim maintenance. Or send me PM.

I am at Delhi SC & HC.

T. Kalaiselvan, Advocate (Advocate) 05 January 2016

In my opinion if you feel that the trial court is not listening to your genuine prayers too, and is appearing to act in a pre-determined manner, you may file a transfer petition to transfer this case to some other court within the jurisdiction mentioning the same thing as reason for transfer.

If you are prepared to challenge your husband's divorce case, you may collect the evidences to prove him wrong.