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shalini (not working)     21 July 2012

Urgent help

hello  every one

 I got married in 2002 in rajasthan at that time I was pursuing my ph.D from Pune and my inlaws knows about it and they are agreed to it My husband work 400km from my inlaws place in rajasthan .After marriage I continued my studies in pune  soon after marriage they started assulating for my looks. they asked money from my parents and my parents gave it I got perganant take a leave and  come to my inlaws place and given birth to boy.when baby was 2 month old my hubby went wiht me to pune and stays there for 15 days and after coming back from pune he has filed RCR at rajasthan within a month and when i fight the case  for a year he suddenlty  withdraw the case stating that there are agreement between two lawyers  and he demanded 3 lakhs when i refused he stoped all  the coversation . In th e mean while i completed my studies and went to USA. after one year I send a mail to him regarding solving the matter and when he cane to know that  I was in USA he said he was sorry for what happen and ready to start new life. I trusted him and wrote a mail which was narrated by him oveonr the phone ad accept that everthing happen due to our misunderstanding.

I resign my job and came back to india and stayed with him as house wife  for 1and half year in mean timeone day he told me that he has filed divorse case which he has withdrawen showing that email I was shocked .  he has changed his job to NCR. I also got job in delhi but one day when his family gathered they have beaten me and asked for my money which i earned in USI refused it and done PCR call  police came  and nothign happen I filed the complain in women cell but nothing happen as  his family is full of lawyers.  he threat me and  i left my job and came back to  my native place and file DV and maintenance.  he has filed second timedivorse  at rajasthan.I I am staying wiht my parent and facing finicial crisis as my native place is ver small and  i ma overqulified for place

now I have an question to all of you

1.Can I transfer  my divorse case  to my native place from supreme court ?

2 i dont have suffient prove that dowry was given as everthign happen in good faith still can  i file the 498A

3 my son is 7.5 years and  has stayed only 6 month with him still he can file custody ?

4 he has family for seven lawyer do you people really think  i should fight against him or just get divorce from him I am really confused please let me what should I do ?

  

 

 



Learning

 7 Replies

adv. rajeev ( rajoo ) (practicing advocate)     21 July 2012

Instead of supreme court you can file a petition in the high court to transfer the case fro rajsthan to your native place, defiantely you will get the order.  You can seek maintenace for you and your child by filing petition u/s 125 of Cr.P.C. or you can file an application for interium maintenance claiming maintenance and to pay the advocate's fees  in the pending divorce case after transferring it into your native place

Anish Thakur 7018812737 (advocate)     21 July 2012

  1. yes,you can file application for the transfer of case .
  2. yes,you can file 498a against your in laws family and against your husband,this is the best remedy you have to protect yourself and teach those b*st*rds a better lesson.
  3. you can file for maintance and about your rights in your husbands property too
  4. yes he can ask for child custody but genrally if mother is capable to look after and care the child ,keeps thechild with mother ,rest depends upon the ld courts jujgement.
  5. about your last query i want to say you only one thing today they only want to throw you out from yours rights ,if you will ignore who knows they will try to torture you ,plan to kill you and your child or your family,dnt get dominanted as you will encourage people like them to spoil thousands of lives of our sisters and mothers and friends .belive in yourself and believe in god and belive in indian law.indian law is not a personal property or authority of any lawman ,politicians or anyother powerfull man.go and fight against them if you think you are right to your best and they had done wrong with you .
  6. rest here you had talked about your financial status that you are not so strong financially dear ,in our profession not all man are here for money some are for social change ,some wants to clean their society .
  7. you can get help from many organisations like ngo's.women protection cell etc .
  8. rest i striked a point from your above written detail that your husband had taken divorce petition withdraw by showing your email,it means he had proved you wrong by shopwing that email.i want a copy of that email if you had that to give you more accurate advice .
  9. feel free to call and fight for justice.your have to fight this case not for yourself but for thousand of those sisters who are facing such problems with them but due to some reason they are unable to raise the voice,set example for them and you are well educated girl ,you have to do it.

Anish Thakur 7018812737 (advocate)     21 July 2012

  1. yes,you can file application for the transfer of case .
  2. yes,you can file 498a against your in laws family and against your husband,this is the best remedy you have to protect yourself and teach those b*st*rds a better lesson.
  3. you can file for maintance and about your rights in your husbands property too
  4. yes he can ask for child custody but genrally if mother is capable to look after and care the child ,keeps thechild with mother ,rest depends upon the ld courts jujgement.
  5. about your last query i want to say you only one thing today they only want to throw you out from yours rights ,if you will ignore who knows they will try to torture you ,plan to kill you and your child or your family,dnt get dominanted as you will encourage people like them to spoil thousands of lives of our sisters and mothers and friends .belive in yourself and believe in god and belive in indian law.indian law is not a personal property or authority of any lawman ,politicians or anyother powerfull man.go and fight against them if you think you are right to your best and they had done wrong with you .
  6. rest here you had talked about your financial status that you are not so strong financially dear ,in our profession not all man are here for money some are for social change ,some wants to clean their society .
  7. you can get help from many organisations like ngo's.women protection cell etc .
  8. rest i striked a point from your above written detail that your husband had taken divorce petition withdraw by showing your email,it means he had proved you wrong by shopwing that email.i want a copy of that email if you had that to give you more accurate advice .
  9. feel free to call and fight for justice.your have to fight this case not for yourself but for thousand of those sisters who are facing such problems with them but due to some reason they are unable to raise the voice,set example for them and you are well educated girl ,you have to do it.

Yogesh Pagare (Student)     21 July 2012

Shalini ji Anish Thakur sir have adviced you really properly i agree with his advice

shalini (not working)     22 July 2012

 ch i hav this is email I  have written subject is to whom it may concern

To whom it may concern

 

 I  Shalini Gupta W/o Ashutosh Gupta declares that I  wants to live with  my husband Ashutosh gupta. We stay apart from each other  because of small misunderstanding which happens between me and my husband Ashutosh Gupta. Neither my parents nor Ashutosh's parents are invovled in this matter. My parents and my inlaws  are always very good to both of us.  We dont have any kind of complains agaginst them.

 

 I  love my husband and  i beleive he also loves me and we  wish to become great couple and loving Mummy and daddy for our son Arbud Gupta S/o Ashutosh gupta. 

 

Yogesh Pagare (Student)     22 July 2012

Shalini ji u really seems to be very good in nature... i wishh n prya that u will get ur true love back...

u thought i messaged u with bad intention, no shalini ji i dnt have any bad intention, even im going through same condition in my life below is my query link which i posted here for advice n discussion, u can read it

https://www.lawyersclubindia.com/forum/Cancellation-of-marriage-62359.asp#.UAt5rGH_BI8


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