LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Mansi (im)     03 July 2014

Regarding divorce, 498a, ipc195

Dear Experts,

Kindly advice

I got married in 2006..My husband misleaded my family that he was working at tht time which he was not. I am a working professional , and was handling expenses for both of us. He took lots of credit cards on his and my name (which i was not having information of) during our time together. After approx. 1 yr of marriage he started harassing me, I just tried to compromise thinking tht he is not getting job thts why he is getting frustated and with time things will cool down. But apparently his cruelty got increased and he harassed me in all possible ways i.e. physically , mentally and financially. 2-3 times he took me to doctor also afterwards as i was injured (he has the prescripttions of tht time).

In Apr'2010 my husband left me at his sister's place and went to Mumbai without informing me... His sister threw me out of her home after 2-3 days, i was not even able to take my belongings. I went to my parental place and is living with them from then onwards. I tried to contact my husband many a times but he changed his number in Mumbai. In 4-5 months he returned and lived at his sister's place.

My family n me tried to contact his family for patch up but it didn't happened. In Nov'2010 i decided to file for divorce as it was enough. I consulted a lawyer he said tht if i want my belongings (i.e. clothes, book, jewellery n gift items) i will also have to file for 498 A. So i filed thinking tht Police will give me my belongings. My husband's brother in law has lots of contacts and thts why they didn't even went to police station and after lots of pursuation my FIR was done by police (please note that no one went to jail).

On the other hand i filed for divorce on the ground of cruelty. However, in last 4 years i have tried again and again for them to get agreed for mutual consent but he didn't agreed and asked for money.

In year 2012, my husband tried to bully me on my way to home with his friends. He forced me to take back all the court cases. After telling the incident to family, we filled for a compaint aganist him n his friends in the police station. As usual his brother in law had contacts in tht police station so they were not ready to register the FIR. We went to the SP office 3-4 times after tht the SP wrote to do FIR on ground of IPC 195 on my application. After this the police did the FIR. My husband didnt went to jail for this crime also.

My husband is a defaulter in various banks and till date he has not done the settlements. He also took money (approx. 8 lakhs) on my details, which I have paid completely by year 2013.

In 498A and IPC 195 both r still due on my statement as I don't want to drag everything more. I just want my safety.

In divorce proceedings, my n my husband's statement and cross questioning is done.Now it is due on evidence on my husband's side and then the final hearing. Now at this stage my husband's lawyer told in front of judge tht they want to go for MCD. Now i am not ready as only 1-2 months proceeding is due and i dont trust my husband and his lawyer.

My hsuband's lawyer met me today and tried to convince me to go for the MCD and get free in 6 months. Other option he gave me is tht if i dont agree and if i win the current divorce case he will appeal aganist it in High court. I told him that i will not pursue 498A and IPC 195 and lets this divorce get happened but he said that it will not be possible.

My husband has kept on harassing me and demanded for money till now. When ever we took the proposal of MCD he demanded money from me. He has told me again and again tht he will not give me divorce so easily and he will agree for MCD only on the last stage (I believe thts why the gave proposal for MCD now)

I have got a good career opportunity in abroad. I have to join them in next 2.5 months thts why i want this divorce to get happened as soon as possible. What should i do??? I dont want to pursue 498A and IPC 195 also . What will be the process for quashing both this cases and what can i do the best in the current scenario. 

Please suggest.


 3 Replies

Dr J C Vashista (Advocate)     04 July 2014

Too long query, be precise to get some meaningful advise.

Engage a local lawyer and seek MCD, he is not entitled for alomony whereas, despite the fact you are a working women, entitled for alimony.

Kwatra Corporate Advisors (Advocates)     04 July 2014

Too Long query . Please mail your query at jaskeerat.kwatra@gmail.com or call us at 8285024246

T. Kalaiselvan, Advocate (Advocate)     05 July 2014

If you intend to get proper opinion to yur query, be brief, factual and precise in your query as the lengthy query will have a misleading effect on the experts to reply you properly.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register