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Anjali Sharma   22 July 2015

Urgently need help

Hello

 I am 33 years old woman, was married at New Delhi. After facing abusive relationship of my husband for 2 years, I came from there to my parents home in Bangalore on 5th march 2015. Though the whole period of marriage i.e. 10 years, his behavior was never good with me But my In-laws used to support me. But Mother in law expired 6 years back and father in law too passed away 2 years back. After his death, husbands behavior became unbearable. He is an alcoholic and used to abuse me and beat me in front of my kids. (I have 2 daughters, they are with me at present). 

He is now threatening me that he will take away kids from me and that he will harm me and my parents and by brother and his wife. I am very worried for my and my family's safety. I am managing kids and household exp with great difficulty so its difficult for me to hire a lawyer as well for filing divorce case. I am clueless about how to proceed and how to handle the situation. Please help me and guide me about what I should do in the circumstances. 

Thanks



 19 Replies


(Guest)

Give police complaint against this pig and file following cases.

1.  Domestic violence case under PWDVA 2005.

2.  498a claiming physical cruelty.

3.  125 crpc for maintenance.

4.  24 HMA for alimony.

5.  Interim application for interim alimony.

And regarding your inability for hiring lawyer, you do one thing, come to this forum to seek help and guidance and also you can get free government vakeel in e ach court, provided by government.  So no worries about that.  I dont suggest you to patchup with your husband, as I find no reason to advice you for patch up with your husband, by this time you both should have stood for each other looking at 2 dotters faces.

If his brother and wife trouble you, give complaint on them also.  Make them party in all of the above cases.

Keep in touch with future developments.  

 

main toh kehta hoon saale ke naam pe supaari dedo, na rahega baas na bajayega band tumhara, sharam aani chahiye aurat ko torture karne, dont he have mother, sister?  So sad.

Kapil Chandna (Lawyer at Supreme Court of India)     22 July 2015

Very well answered by Gyan Prakash .....

SAINATH DEVALLA (LEGAL CONSULTANT)     22 July 2015

Apart from what MR.Gyan Prakash has put forth,I would like to add that UR husband has no right to take UR daughters as mother is the natural custodian of daughters.

Have U come to a conclusion that he will not change himself even if proper mediation and counselling is given? 

Adv. Chandrasekhar (Advocate)     22 July 2015

1.  He cannot take the children forcefully.  He has to file custody case.  That case lies only in Bangalore and not in Delhi.  So, do not worry on that account.

2.  Whenever you want to file a case in Bangalore, approach a State Legal Services Authority and as per law, you are entitled to have a free advocate to take your case.   If he files a case in Delhi, you can contact me on 9868332610 and I will help you in your case.

3.  You should not feel threatened by his abrasive behaviour.  If you still feel insecured, then you approach an advocate as said above and get protection orders in DV case.

I walk alone (Asst Manager)     22 July 2015

Hi Anjali

First calm yourself down, its a fact that you had faced a lot of trouble in your martial life, but, now you're out of it, so dont get afraid. if he is man enough, he will not come & hurt you. Yes, dhamkis and all will go a long way now, as I understand, he has taken you for guranteed in his life and had been treating you as a slave.

Now Think these points.

  1. what is that, you wanted to do with your life? want to put up a case? wan to try sending him in jail? want to entangle him legally?

(or)

  1. want to get rid of him ASAP with a fair amount of maintainence for your children
  2. want to live a peaceful life with a partner who truly values your presence
  3. Standing in your own feet (getting yourself a source of income, be it any amount) & standing strong in the society with an image of non-depedibility?

Now, if you want 1st Option, you have a lot of tools with you, like 498A, 406, & more which I cant even re-call and obviously, you will always find police beside you, BUT, its a time taking matter. It is obvious, once you put up a case, you husband and his lawyer will not sit idle, so back & forth arguments will be on and ultimately you and your childern will live in some uncertainity that what will be the judgement?, what amout court will grant, they custody and everything.

Now coming to the second options, you are having a very narrow but sure chance of getting it, but some precatiouns needs to be taken care.

steps which I suggest are

  • File a FIR about abuses and tortures with some sort of evidence, ofcourse, its hard to get evidence,, but if at least you can get some from your neiboughers and house maids etc, on the basis of which, police will start the investigation.
  • Beside of which, you can file a divorce case on the ground of mental cruelty, but remember dont try to file 498,406 etc, cause when the same will go from CIVIL to CRIMINAL, time span will be more, and there will be more headache to you to prove.
  • Also file Alimony during trial and seperate case for alimony for your children
  • From your writing skills, I can make out, that you're well educated and can hold a job for yourself, so go & get it and start supporting yourself and the case & obviously your cute little daughters too. Try to give them as much happiness as you can from your limited capacity.
  • During the case, police & court might ask you to file 498A, 406, for which you can opt for not choosing it & instead, go for mediation and claim a lumpsum alimony for sake of your children and for your support, you must take up a job, pls dont downgrade yourself asking money for yourself.

I hope, I have not hurt your feelings in any way, pls understand I'm not a lawyer or legal advisor, but I'm a victim of a false case filed, just after 6month of my marriage by my in-laws and my loveable wife, yet, I dont favour any violence to any of the family members. After reading your situation you mentioned & with very limited knowledge, this is the best I can suggest, which might fetch you a good/hasssle free future, lawyers might suggest you other better/worse options too, which you must be matured enough to understand.

Peace!!

Ramana Rao Mallampalli (-----------)     22 July 2015

I agree with Gyan Prakash ji!

U needn't fear, be calm, go to District Legal Services/Authority of ur. area, who will help u.

 

Anjali Sharma   22 July 2015

Thank you so much all of you for your responses...I will like to add here that he has political approach too...my father in law were in active politics. And one more thing...in my question there was a type error on my part..instead of writing my bro and wife..i wrote by bro and wife by mistake...extremely sorry for this confusion...and i want to gain some financial freedom first before filing the case....is it feasible for me to wait?


(Guest)

Anjali ji,

 

Time and tide wait for none.  Jo bhi karna he abhi karo.  One more thing is court are delay centers.  so better be quick in your decisions. Think and take swift decisions and stick to the decisions you take today.  Dont keep changing your decisions later on.  And regarding political FIL, need not worry.  They aer in more in vulnerable position than you.  So decide fast.

prabhakar advocate (advocate)     22 July 2015

For answering your question, I would require to know that what case you intend to file against him?

1.  If it is divorce case, that you can file it in Bangalore.  For that your financial freedom is not required, as you can file along with your divorce petition,petition for maintenance as well as litigation expenses.  As said above by other advocates, you can get free legal aid.  In spite of this clarification, if you want to get financial freedom, yes, divorce case can wait.

2.  If you want to file maintenance case for yourself and your children, you can file it in Bangalore u/s. 125 cr.p.c.  This section is meant for indigent people and as you are saying that you are in financial distress, you can right away file it.  Otherwise also, this case also like Divorce case can wait.

3.  Domestic violence case also you can file it in Bangalore.  But this case cannot wait inordinately.  It is expected that aggrieved wife should file this case within one year of the separation.  In this case like 125 cr.p.c. you can get maintenance, compensation if any physical injury was caused to you, compensation amount for children's education and medicine, residential rights (you may not like to ask for it, because then he will force you to stay at Delhi) and most importantly protection rights prohibiting him to contact you by any means.

4.  The children are in your custody.  Hence, you need not file custody case.  If he files, then you can contest it on merits.

Anjali Sharma   22 July 2015

I want to get rid of him asap. As far as maintenance is concerned....I know he is very irresponsible person and often suffers loss in business. He is an aluminium fabricator and his work is on contract basis. I have heard that now a days he is not working much. I have his PAN card number with me and the account number of his firm. Is that enough proof? I want him to pay for kids. I have come out of the phase where I wanted to make him suffer..because if i keep thinking like this, I will not be able to live my life as all people whom I have concerned say that the battle at court is always long and tiring, even if i am right. I want him to agree for mutual divorce but he is not agreeing....I just want to come out of this as soon as possible so that I can live a peaceful life with my daughters. 


(Guest)
Originally posted by : Anjali Sharma
I want to get rid of him asap. As far as maintenance is concerned....I know he is very irresponsible person and often suffers loss in business. He is an aluminium fabricator and his work is on contract basis. I have heard that now a days he is not working much. I have his PAN card number with me and the account number of his firm. Is that enough proof? I want him to pay for kids. I have come out of the phase where I wanted to make him suffer..because if i keep thinking like this, I will not be able to live my life as all people whom I have concerned say that the battle at court is always long and tiring, even if i am right. I want him to agree for mutual divorce but he is not agreeing....I just want to come out of this as soon as possible so that I can live a peaceful life with my daughters. 

aap ek kaam karo, meri baat suno.  If he not agrreing for MCD then forget MCD.  MCD means 6 month mein divorce miljayegi, aapko shaadi karni he ya doobara? nahi na?  toh contest divorce case and take divorce, as you are woman court will give divorce easily to you.  Regarding child custody as kids aer with you let him file G&W, but be assured he wont get kids custody but will max get visitation rights for kids.

 

As far as alimony goes, file karke dekho, aaya toh aaya, nahi toh nahi, kyon ki you yourself are telling that he dont have proper income, and with PAN card you cannot do anything as it is just a number for tax evaluation and as he is not govt employee its very difficult to get his income details to asertain maintenance for you and kids, first thing you file 125 crpc and then file IA applicatoin for alimony ie IA, file dowry case, DV case etc only if you want to get rid of him ASAP, aap wo sab case file karo, woh darke maare divorce dedega abhi ke abhi is the idea behing filing false cases.  anyway its your take.  Decide what you want first and move accordingly.

Anjali Sharma   22 July 2015

What the court says...if a person is capable of working..can he be made accountable to pay for his kids at least..if not for me?

SAINATH DEVALLA (LEGAL CONSULTANT)     23 July 2015

Whether is is capable of working or not and even if he is begging on the streets,he has to pay maintenance for the kids.

Anjali Sharma   24 July 2015

Will it stretch my case  if I file maintenance along with divorce? The thing is I wantt to get rid of him asap and even if he does not pay anything to me..whats in my and my daughters's fate...we will get it anyway..


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