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antagonized (unemployed)     19 July 2013

Pleaseeee help me

I got married 2 months back. Ever since then i was subject to a lottt of mental and even physical torture. Now my husband has sent me back to my parents and is not ready to take me back.  My query is can i file for divorce now? And if the answer is unfortunately no, can i atleast claim for maintenance as i am not working and how much can i claim? Request the experts to kindly help me....



Learning

 10 Replies

prithvi kiran (Advocate)     20 July 2013

I would suggest you to file complaint under domestic violence Act 2005 , as you would get relief within a week! But filing of complaint would lead to rift. Think before you act! Left with no option but court go under DV ACT rather than police complaint under 498a

fighting back (exec)     20 July 2013

DV is not going to take you anywhere, open your mind and think....

DV will only give you legal entry in your husbands heart, but not the soul, on the contrary, once you put the legal gun to his head, there is going to be a lot more hatred generated towards you, you will enter his house, but you will loose your sleep, no one will talk with you, look at you with suspicion 24 hrs a day, DV will give you money to spend from your husbands pocket, but it will come with loads of curses from him and his family, people will start to shun you around your society and home, as a DV woman is eqvivalent to a AIDS virus, no one wants to come near to you, eventually you will be isolated at your own hubbys home, and from the society

after filing dV and after that taking divorce, what will happen? no one will even think of marrying you again, so your life will be spent like a sadhu in the temple, no matter how much you wish to marry. with you, your sisters life will also be spoilt (if you have a sister) no one will approach for a marriage proposal once they know that this woman carries the DV gene in her.

so be wise, part ways peacefully, dont roam in the court for the next 5 years, take one time alimony and move on peacefully in life. if you take monthy maintainence,then you cant even marry again and work anywhere. .....so think before any cunning adovocate advisses you to file DV 498 125 RCR 125 HMA 24 406 streedhan etc.....these are all tools to fill the pockets of lawyers.

all the best................................................

dhruv (other)     20 July 2013

Yes - fighting back is right. I have dv against me by my wife. All false allegations because her parents does not want her to stay with me in my parents place.

I hate the way these laws are being misused and people are just looking on.

This law should be made gender neutral at least for educated famales i.e. anyone having graduation degree or having professional degree like B.Tech, MBA or post graduation. Something like this.

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney)     20 July 2013

In my opinion:

If you wish to teach your husband a lesson, then file a 498A criminal complaint against him for all the wrong he has been doing. You can also simultaneously file a maintenance petition under section 125 CrPC. Complaint under the Domestic Violence Act for taking you back to the shared residence and maintenance can also be filed.

However, if you are inclined to get separated without invoking criminal action, you have to file a divorce petition using cruelty as the ground; this can be done only after the lapse of one year from the date of marriage. In case of exceptional hardships in continuing the marital relationship, the Court does permit filing of a divorce case with this ground, upon making an appropriate application. Think and decide what is appropriate and then act.

1 Like

antagonized (unemployed)     20 July 2013

can i get a monthly maintenance till i dont get a divorce? i am sorry but i am not familiar with the legalaties. kindly help me

shriks........... (healyhcare)     20 July 2013

1.of course mam you can get monthly maint,
2. you can get a share in husb and ancestral property......

3.you can get a share in his house

4. you can get one time settlement.....

the law is just made for you females.........husbands are just atm machines 
5. you can swipe your cards of dv / 498 / 125crpc / 24hma and later 25hma........

6. what i dont understand is if govt. gives 50 % reserv. to females in all aspects.......why deserted / divorced or educated females cant work for themselves??????

antagonized (unemployed)     20 July 2013

@ Shriks, not all ladies are the same. you would have to be in my position to know what hell i have been through.

instead of making such condescending remarks,would really appreciate if someone could help me.

fighting back (exec)     20 July 2013

@antogonized..........you say that : , can i atleast claim for maintenance as i am not working and how much can i claim? Request the experts to kindly help me.... 

 

going by your post, it seems you are very good in english grammer and writing and typing skills, and the way you have framed a paragraph denoting your problems, it seems you are from an english education backround, atleast a graduate with good typing skills on the keyboard

in my company, where i work, in the pvt sector, there are a total of 8 woman security guards, who can neither speak or write english, have no typing skills, and are only 10th standard pass. yet each of them are earning Rs 9000 pm.  but whatever they earn, they are proud of that and very much satisfied because it gives them loads of self respect along with the salary they earn

the moot point i want to discuss here is: you just want to live like a begger or a parasite on your husbands income. dont you have anyself respect remaining in you?  all the ladies that i have seen here in this forum are well educated graduates having good education and experience. but they are searching for guidance in this forum from experts to guide them "how to beg in the best possible manner in front of the judge so that the judge can stirip the husband and pay the wife. majority of the women in this forum are 'educated beggers' who are 'unable to work' for xyz reasons, just like the author of this forum''

@ the author-- if you have any self dignity left, then join some good call centre where you can atleast earn Rs 20000 pm along with lot of self diginity and respect, instead of turning into a begger and gathering money and pity..............................


sandykrish (Interested in Family LAW)     20 July 2013

Hello Gentle Lady, Within 2 months of time you have come to know what your husband and their family. Then you are not fit to marry at all, you might have married your husband with malacious intent as fighting back was indicating. Be truthful to your heart and clear all indifferences between you guys. Never involve your parents and ask your husband to follow the thumb rule sit on one on one disccussion if you feel that their lies incompatibility then decide on moving forward. By your questions you are very clear that you want to suck your husbands money and enjoy your life with your loved ones I dont want to dig who all will be in your loved ones list. Be clear in your thought and never spoil the life on innocent ones if you feel your husband and inlaws have given cruelty to you be genuine and act genuine and move in your life. I concur with all of them who has answered here

(Guest)

Dear mam,


I salute for your decision of taking divorce from your husband as your husband doesn't like you and then you also not trying to occupy his heart forcefully .In true sense if any husband or wife feels no love within each other of passing only 2 months then why to waste whole life in just searching love inside each other which can't be developed by any stringent 498a or dv act.Simply go across your decision by multiplying by your skills and education to grab some descent work and never be a burden on your own self respect.Kindly approach your husband for divorce as he also wants for the same and you also can't defend his heart after no. of false cases against him as no court can do surgery of once heart to fit any one of the spouse inside it.


Go peacefully for mutual descision of divorce without any hiccups of financial problem either to any one of the spouse.


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