i am staying separately from my husband since last 2 years. we also have a 1.5 year old son . my forced me and my parents to give him about 10 lakhs worth jewellery and cash which he spent in gambling and lottery. he also used to torture me physically. now he says he will divorce me only if i give my child to him. i dont want my son to be like him. i dont trust him - he may harm our child just to avenge my decision of staying away from him. pleaze help if you know indian laws what should i do?
2007-05-21 00:46:53 · 12 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
The very first matter which should be tackled here is regarding Dowry, which he forced you & your parents to give worth Rs10 lakhs, a formal criminal complaint under the Dowry prohibition Act, read with section 384 IPC, further read with section 498A IPC should be filled against him. Secondly a formal complaint under the Protection of domestic violence against the women, 2005 should be filled for seeking protection order against him. After these criminal complaint, wait for sometime, he will himself, with his lawyer's guidance come forward for seeking divorce from you on mutual consent, then you can put forward all your demands as custody of child & amount of alimony you want for your & child’s maintenance etc. If you straight away move family court for divorce from him on the basis of cruelty & desertion of 2 years or more he will defend it & matter get delayed for years together, whereas divorce by mutual consent as provided under section 13-B of the Hindu Marriage Act, 1955 will not take more then 6 to 12 months to be finalized. As far criminal complaints that you will be filling against him can always be withdrawn after a final decree of divorce is granted & you are free from him. This is the best way to approach the whole case. Attack is the best policy in any such case where the opposite party is not agreeing on divorce by mutual consent.
2007-05-21 01:20:37 · answer #1 · answered by vijay m Indian Lawyer 7 · 0⤊ 0⤋
As far as I know, you do not need your husband's consent for divorce, you can state grounds like mental cruelty or adultery if your husband cheated on you. Try find a good lawyer or some local support groups. Dont let your husband emotionally exploit you.
2007-05-21 03:00:50 · answer #2 · answered by jj 1 · 0⤊ 0⤋
first off if you have legal proof of any of this assult or threats going on or can find some violence that hes been in jail for that will help in this case. go to a womens battered shelter they can help you even though most people are either imbarrassed or afraid to do this it really does help. what ever you do dont let him have the child as you say he could hurt the baby. the only reason he wants him more than likely is not to pay child support. good luck.
2007-05-21 00:54:41 · answer #3 · answered by 14yrsurvival 2 · 0⤊ 0⤋
File for a divorce and stop being such a victim. You have the means to get out, so do so. Ask for sole custody, and until he can find gainful employment and his own home, as well as parenting classes to learn how to be a good parent, let him have supervised visitation. Your attorney will do as you ask him. So, grow up and handle things as you should have already done. And stop giving that jerk money. He should be paying you.
2007-05-21 01:18:26 · answer #4 · answered by treasuredwife69 5 · 0⤊ 0⤋
File a civil suit under Sec.13, of the Hindu Marriage Act or under any law by which you are governed. You may file the suit in court where you reside. Plead perfectly and prove the facts by evidence. You will get success.
2007-05-21 01:34:21 · answer #5 · answered by baba 5 · 0⤊ 0⤋
you need to get a lawyer that is familiar with your laws. You also need to get a restraining order on him that says he cannot come near you your child or your family. The next thing i would do is make sure your freinds areound you know that he is not to come near you or your child and if he does have them call the cops. Email me and we can talk.
2007-05-21 00:56:37 · answer #6 · answered by superthunda 3 · 0⤊ 0⤋
So you left him just because he spent money?
---- So it was not Love it was money!!
Do you know if you claim that kind of Dowery - and plan for a 498A; your folks could go behind bars for misappropriation in Income Tax details? Then if Quashed you are in for a bigger trouble like you and your family could be charges for IPC420, Defamation, etc. So don't even think about it!!
And about desertion - you are the one who has deserted so would be asking for more trouble.
Physical Torture - Do you have any proof of it?
Sweetheart my advice would be patchup go for a counselling both of you and get things sorted. Before you decide to take the extreme step.
And as per the Indian constitution the Father is the only true Gaurdian to a Child - till the daughter is married or has deserted her husband like you and till a son is 18. So down the line you would loose your son - so do you actually want to loose your son, your husband (whom you loved once) and also carry the stigma of being a divorcee?
Divorce is not an easy affair it could go from 1year to like 13/14years ie fighting at all courts like from the lower courts to the supreme court and also fighting a number of other related cases too - basically ending up wasting and spending your life time running behind courts.
Do you think it would do good to your son - whom you claim or atleast show to the world you love him?
Even though the stupid Govt of India has made Women Oriented Laws basically for the protection of Women but encouraging the widespread misuse of the same and the Law'n Order and Judicial system are more Women Oriented - bottom line you need to realise one thing these Cops, Lawyers & Judges all of them are like Vampires hunting for a Victim to suck blood money and waste the life of their victims!!
Again, Indian Men these days are all out to fight such fake claims so if you are going in be prepared to spoil the rest of your life, your child's life, etc.
And again being an Indian you must understand the burnt of the social stigma of being a divorcee!!
Lady I am sorry for being soo blunt but need to let you be aware of the harshness and the reality of how bad and difficult it is to go for a Divorce.
So try more for a harmony / patch up with your husband atleast for the sake of your kid. After trying and its still not working then try staying sperately.
If you are not in love with another person and want to marry again why do you want a divorce? And till you divorce your husband too cannot marry. And again it would do good for your child too of not bearing a step father/mother!!
Or is it that you want to go for a Divorce to claim Alimony and Maintenance and again child maintenance - a price for your body's usage by you husband like a prostitute charges her client!!
Lawyers looking at money going to come in from you might advice and suggest Divorce, they are basically marketing their service and not looking at your benifit - I am not a lawyer, but personally I would not suggest Divorce, try a patch up or for a legal seperation - this is even better for your child!!
Right now it must be all ego and prestige of having the custody of your child. But remember something, what a child needs most is his/her natural father and mother. So try not to spoil the future and life of a child due to your two's problems and issues.
Be a Mother!!
Be a Wife!! - What have you done to try changing your husband or to save your marriage?
As you know in the Indian society the Lady of the house is the foundation stone and main pillar of the family - so part of the blame of your husband being the way you described goes to you too - ie. you too are not all saint!!
Its easy to break a relationship, but hard to maintain one and even harder to mend the crack and build a strong binding in the relationship - and all of us know harder the path better the outcome!!
2007-05-21 03:36:42 · answer #7 · answered by Anonymous · 0⤊ 0⤋
yes you can get divorce, just go to divorce court and talk to a lawyer, and he or she will talk you what to do, I'm in US now and don't remember Indian law
2007-05-21 02:43:55 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Definitely get a lawyer!
2007-05-21 00:53:41 · answer #9 · answered by Anonymous · 0⤊ 0⤋
where do you live in what country and never give your child up i went through the same tell him to go to hell it shows his a cruel person or dont give divorse and take more money of him your entitled to half of his earning his scared you can get divorsed in court you do not have to stay married try to keep the child away from him good luck
2007-05-21 00:58:35 · answer #10 · answered by Anonymous · 0⤊ 0⤋