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Lady in Trouble (Management)     02 July 2012

Urgent advice on divorce needed

 

Hi, Im working wife and my husband is also working . I feel my husband had played double games.

His Background:- Works in an MNC and only son and no siblings. He was earlier love married and have daughter with that marriage and then divorced on the grounds of Dowry harrasment .Now i feel he lost the case thats why he had give his first exwife maintaince of 5lakhs and a house worth 30 Lks for daughters custody.

Now mine was arrange marriage.

My Background: I belong to middle class family and and lost father at the age of 15 and worked hard to comeup to this level. Mom is housewife and i have brother younger who is useless anyway. so basically i was taking care of everything at my home...my family came across and we saw Decree of divorce and when asked the reason for marriage they said the first girl was characterless and wanted only money. 

Somehow i movedon with this aliance inspite of my moms disagreement. he is just one year elder to me so thought good aliance for me.

Immediatly after engagement his mom started demanding money for marriage expenses. We arranged it. After marriage when i started living in the house mom started pointing out that she wanted a grand marriage and various othe rthings..I ignored. She started harrasing me and my mom mentally. After one of marriage she threw me and my husband out of the house when i refused to give salary as i had personal comiitements becoz of marriage. My husband started living with me. After sometime he said  i dont have Credit Cards why dont i buy things from your card ill pay expenses. I agreed. He swiped the entire card and then started saying im not gonna pay cash for this..Finally i settled cards by giving my gold. After that he started showing house commitments like rent and various expenses . He is earning 50- 60 K every month. I earn 35K a month. Im not sure what he is doing with his cash.but he never leaves a chnace to take my money be it for his petrol and his lavish life. I told all this to my family..They said since its initial one yr it will take money and time to adjust so adjust..I agreed. He started showing his debts on credit cards slowly one by one..When asked where this money is gone  he started giving unmatchable reasons. He took loan of 5Lakhs saying want to set up house...I again put my gold in finance to pay off debts.

Seeing all this i started warning him that i dont like he leaving with me 0 money in pocket...Seieng all this i stopped giving my salary exactly after 1 yr.Second day i surprisingly saw my office chats and mails on his phone. When questioned he started abusing me and argued to the core and said im characterless and i have affairs outside. He said i have all proofs of phone calls and SMS which i think is baseless becuase the all the calls have been made to Coleagues.as i also work in nights sometimes and when in need i contact people..So whats wrong in it...? He was also saying he was tracking my phone calls and SMS as he has someone working at Airtel. He also tried his leve best i loose value at office by picking myoffice calls. And wanted to quit job becos of his sadism.

Anyways after all this he warned me saying that if i try to seperate from him he will kill me and my family.

My question is he is eating all my money and explioting me physically and saying im characterless. I dont think i can live with this kind of person who is this cheap. Please help me and let me know how can free my self from him..I dont want to goto court as court sessions will take years and since im working i dont want to be ties up with all this.

He is least bothered about his future but im not..Kindly help.

 

Regards

R



Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     02 July 2012

if you want to get rid of him then you will have to apply for the divorce. Except civil courts no body has got right to divorce, even god.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     02 July 2012

Dear Lady in distress,

 

You have a right not to be economically and financially abused, financial abuse is also a form of domestic violence which can fetch you compensation monetary as well as right to residence in a house.

For the longer run you need to take your call whether you want to go ahead with this marriage or not - if there is nothing left in it. File for divorce on tthe grounds of cruelty.

 

Good Luck !

Lady in Trouble (Management)     02 July 2012

Thanks Everyone..

 I am more interested to know what could be procedure to take this forward legally.

Also how will his previous divorce decree will help.?

Regards

Lady in Trouble (Management)     05 July 2012

I want to know , what could be implications of his previous case of 498A, is he still resposnsible to pay her anything?

Tajobsindia (Senior Partner )     05 July 2012

 

 

Originally posted by :Lady in Trouble

"

I am more interested to know what could be procedure to take this forward legally.
Take:
1
. Shift to natal home.
2. Or in case that is not possible, take rented accommodation and shift there callign your brother as protector.
3. At the time of shifting take your stridhan and valuable instruments / docs.
4. Consult and then hire an local Advocate from reference. Negotiate professional fees. Take receipts of payments.
5. Show the previous divorce Judgment to Advocate and he will dig out rest of his past. Sit along with him before a petition writer and factually put all the mental and verbal read with physical cruelties that happened in his second marriage with you annexing his previous divorce Judgment as well as S. 498 Order copy. File for maintenance / alimony if status during marriage shows difference and needs!
6. Let the civil Court take its own course now. Say no reconciliation proceedings citing 'cruelties'
7. Your presence is required at the
Civil Court at the time of evidence stage and keep tab on Advocate process / procedure follow-ups in timely fashion.
8. Relax and take forward your career.

Also how will his previous divorce decree will help?
Take: See above. [Your hired Advcoate can better guide you as you being lay person may not know much about grounds that his first wife got divorce from him along with alimony and child support!

I want to know, what could be implications of his previous case of 498A, is he still responsible to pay her anything?
Take: See above.

"

 

 


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