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(Guest)

Urgent:threats from husband

goodevng

following is the list of msgs exchnaged btwn me and my hubby recently: he filed divorce in feb2012.... in the meantime i have changed my lawyer for my case....please tell wht all against me and him....

me:u think divorce is the only solution?

husband:yes div is the only solution.

me:fine..i will not become a divorce...i will contest the case chahe humein alag-alag rehna padhey..aap apney ghar se fight karo..main mere rent k ghar se fight karungi.

hus:rent k paise kya tera baap dega..

me:no u are my husband so u r supposed to take care of me

hus:u will not get evena  penny..
ek baat bataa kutiya tu mere hee paiso se merese ladegi? bahut giri huyi 2 takke ki prostitute hai tu....main teri gardan tod dunga..itna yaad rakhle..

me: obviously jab aap mujhe paisa dogey tabhi toh main divorce case k liye lawyer hire karungi..abhi fees k liye paisa nahi hai..

hus:tere lawyer ne tereko laat maar di hai na....haha....ur lawyer asked u to pick up ur files frm his office....he siad u r loud and badtameeez....

me: no...rather maine khud case withdraw kia hai lawyer se.....aapko mera mazaak banana hai toh banalo...these are small things....waise bhi aapki gaali/threats se samajh aara hai ki badtameez kaun hai....

hus: mujhe msgs mat kar..main apni girlfriend k sath happy hun..... tu jaake kothe pe baith ja.....i will kill you mercilessly

me: tumne mujhe chorda hai..lekin maine apney sansaar nahi chordey hain....rakhel tumne rakhi huyi hai...but main apni limits mein hun... yeh mat samajhna ki main tumhare allegations se darr gayi....main divorce nahi dungi....i will contest the case....



 11 Replies

Tajobsindia (Senior Partner )     22 August 2012

1. By placing old wine in new bottle the flavor nor colour changes. He is playing mind games with you and you are traped. Reason being, you say and I quote you "changed lawyer" Lawyers donot come for free is one and from last 2 days since you openned below 7 threads your peace of mind is gone for a toss is two and finally you are talking here verbaitum of SMS Msgs. which is legally construed as "secondary evidences" and what relationship it has in divorce case of his and DV case of yours as in petition copy and reply copies is not being told to us is third but how and when and why it will go against me or against him is put on floor for discussions  as legal opinion which I find naive query and colly. that is what we call best litigation tactics with metro wife when Divorce was just filed in Feb. 2012 and Dv was filed if I recall correctly 1-1/2 years back where in some of threads you say you want to go back to matrimonial home and simultaneously askign experts can I get rent or rental accommodation - read your own messages with peace of mind first and understand the doubts you have placed for judicial views from us. Ideally a wife who wants to return back to shared household should stick to 'residence rights in shared household" and not seek remedy "rent in lieu of". It is very simple remedy in his divorce case that was filed in Feb. i.e. during mediation if it fails then he has to prove grounds that he has taken and basedon his avernments if proved he may get decree otherwise it falls flat so you are left with no husband in reality but husband on papers and may be shared residence rights at the end of 7 threads so far and for the same there is no need to place 7 threads with similar questions is my view!
2. Hence I would say you are misusing forum bandwiddth by placing same SMS messages in different threads.
3. Pick any one of your 7 posts and ask n number of questions in one post instead of just changing title of thread and placing same SMS in newer and newer thread post. Reason being you are chewing Experts precious time with same issue whereas the SMS in question is not at all of great value for none of you litigating PERIOD.  

https://www.lawyersclubindia.com/forum/Urgent-threats-from-husband-64559.asp


https://www.lawyersclubindia.com/forum/Husband-s-extramarital-affair-64491.asp

 

https://www.lawyersclubindia.com/forum/Urgent-please-help-64496.asp

 

https://www.lawyersclubindia.com/forum/Sms-with-husband-64485.asp

 

https://www.lawyersclubindia.com/forum/Domestic-violence-64370.asp

 

https://www.lawyersclubindia.com/forum/Abusing-64346.asp

 

https://www.lawyersclubindia.com/forum/Marriage-case-64333.asp

2 Like

(Guest)

@ tajobs : its better if you mind your language.....kindly remain in your class........  stop saying that am misusing this forum..... a litigant can never do that when already one is facing in the courts.......... save your time and stop replying on my queries... i would appreciate that..........

1 Like

Adv. Nikhil Seth (legal consultant (9867264707))     22 August 2012

Be clear what you want  your husband seems not to be intersted  in marriage this contents wont help us to come with better suggestion. Throw some more light  of your marriage to get better picture where your marriage is heading  so that we can sgugest you  what is better for you.  


(Guest)

@ adv nikhil: following is the situation presently...

my dv act case is going on in saket distt mahila court since 1 year.4mnths..... i have filed for interim maintenance..rent orders..protection orders.....but i have not filed 498a cases..no dowry case..no criminal complaint..no women cell complaint....nothing at all.....next hearing is in end of november and its on the final stage i.e. my interim maintenance will get fixed.....

on the other hand after 1 year of separation my husband filed unilateral divorce on the grounds of desertion and cruelty in the family court but he has not attached any proof.....he has mentioned in the petition that i left my matrimonial home on my own and that i never worked after marriage just to make good maintenance amount......but thats false..... my hubby asked me to leave my matrimonial home and i even have a proof of that...... am still willing to live with my husband....as of now i have not filed a reply to my hubby's divorce petition....on the 1st hearing date of divorce my husband was absent but i went.....i told the judge that i don't want a divorce....so he gave us a date for august end and now the matter is listed for mediation.....

1. i want to contest the divorce petition filed by my hubby....since he says that i left my matrimonial home on my own..so now if i say in the court that i want to live with him..and if he denies taking me back so will it prove that he is lying ??

2.can my hubby stop my entry into my matrimonial home legally?? its a sharedhousehold..... can i enter my matrimonial home with the help of police ? or i shud wait for the court orders

3.i have contacted my husband through messages/emails lot of times..... so is there anything wrong in it ?? will the judge restrain me from contacting my hubby ?

rahul (director)     22 August 2012

did you worked before and left the job after marraige,

is this is contention of your hubby?

if you never worked before or after marraige, then his argument will not sustain in court.

Is your DV final argument fix for next date i.e. Nov?

 

about div:

if your hubby didnt file any proof, his aggument will not sustain..

when hubby file divorce. and wife oppose it.... then it is almost immpossible in india to get divorce,, so dont worry.

since he file dic, so you will opprotunity to cross him first, and  in that your lawyer (if basmash) will almost kill him.

to delay his divorce case, you can file interim maintenance u/s 24 of HMA.

 

 

Adv. Nikhil Seth (legal consultant (9867264707))     22 August 2012

As you have filed for dv against your husband  wait for your  order to come . .

As your husband has filed divorce on grounds of desertion it will not be easy for him to contest the case as the merits of case are not tenable. So dont worry about that .

 In mediation  you attend and file your reply of divorce petition than you only  will be able to contest the case properly.

You wait for the court orders for getting into yoyur matrimonial home..

Try avoid contacts with your husband that will  help you to focuss on your case and will give you some time to think which direction you need to head.


(Guest)

@ rahul: thanks for the information. i used to work before marriage..but when i met my hubby for the 1st time before marriage..at that time i was not working...and after marriage i have never worked..under dv act my matter is listed for maintenance fixation...its on the final stage..

under divorce case just 1 hearing has come up....i will file sec 24/maintenance first..only after that i will file a reply..... and he has not attached any proofs under divorce case...... just few messages sent by me...... am little worried on that..i hope cases are not decided on the basis of messages.....

@adv nikhil: ok sir..thanks a lot for such a professional reply.....thanks

rahul (director)     22 August 2012

is argument heard in DV for maint fixation?

what document you placed in your support and what document he placed in his support inc

if oyu claim that his income is xyz// then  you must place some proof against your such claim.. without  proof you may claim that his monthy income in 10lac.  that doesnt make any sense untill you provide any support to it.

ok

when you work before married.. do he have any proof for that ?

what qualification u have?

i guess he didnt attched any paper in divorce case as he will attched at evidence stage... which  easly oppsed by you.. and for you.. if you have nay paper... you muts file with your reply or with application u/s 24

 

dont worry''on sms.. no court can pass order.

divorce case will take 3 year,, and if  want more.. i will  guide you a intillegent and badmash lawyer,, who will, make him realise in cross itself.. because in every case.. cross is main thing.. the whole case run on cross// 

 


(Guest)

under dv act affidavit has been filed by my hubby in vch he has disclosed everything related to his income/expenses..etc..etc..... so nothing to worry on that..... and yes i have accepted in the affidavit that i was working bf marriage..am an mba....for fixing maintenance arguements have not been heard yet.....but am sure it will gt fixed on the next date

under divorce case he has not attached anything...... moreover am ready to contest the case for next 15 years..... i have a strong evidence with me that will prove that in reality his parents are the culprits.....its a voice record in vch my husband has accepted everything that his life has been ruined by his parents and taht his parents have given him pain.....he has also said that he has no problems with me.....and he has said lot of things against his parents.....i hope it helps

rahul (director)     22 August 2012

if working before marriage and having MBA qualification... it is something against you.

 

Ranee....... (NA)     23 August 2012

 

@shivali

 

 

keep these in the original handset and save in somewhere else also.When SIM cards are not in use for long then msg's  get deleted itself.


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