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 00:48:53 · 9 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
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 As far criminal complaints that you will be filling against him can always be withdrawn after a final decree of divorce is granted & you are free from him.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 01:22:19 · answer #1 · answered by vijay m Indian Lawyer 7 · 1⤊ 0⤋
File a Divorce Petition invoking either the Hindu marriage Act or the Indian Divorce Act, pleading cruelty, physical and mental, and also plead that there was a dowry harassment.There is no question of handing over the boy, till he becomes eight years. If you are able to prove that your husband is characterless, then boy will not be given to him. Seek interim maintenance, and permanent alimony also. Meet a decent advocate near your place and discuss.Had you given the details of age place, community I would have added more.
2007-05-21 23:33:46 · answer #2 · answered by Anonymous · 0⤊ 1⤋
This is indeed horrible! You must immediately seek external support. Pity you did not mention which city you are in. So I am giving you the contacts that I know of in Delhi only.
Please contact them immediately. They have trained counsellors, women lawyers as well as arrangements for limitied accommodation, if it is urgently required.
Shaktishalini, J-13, Jangapura Extension, New Delhi. Tel: 011-4312483/4310741
South Asia Campaign to End All Violence Against Women
Oxfam (India) Trust, 27, Community Centre, East of Kailash
New Delhi 110 065, Phone : 011-4239 6000
Do not fear, get help; rebuild your life.
Best to you.
2007-05-21 01:08:35 · answer #3 · answered by chamkadaar 3 · 0⤊ 0⤋
In America,You need to file for a divorce and custody of child. He will probably take it to court since he doesn't want the divorce. When you go to court be sure to tell them about all the abuse and his gambling problems. Take witnesses with you or any police reports that document the abuse. I'm not sure how this works in India.
2007-05-21 00:58:46 · answer #4 · answered by Shay 3 · 0⤊ 0⤋
as much as now as i be attentive to, you do no longer choose your husband's consent for divorce, you may state grounds like psychological cruelty or adultery in the journey that your husband cheated on you. attempt come across a solid criminal professional or some close by help communities. Dont enable your husband emotionally make the main you.
2016-12-11 15:50:52 · answer #5 · answered by rushford 3 · 0⤊ 0⤋
Immediately lodge complaint with the nearest police station. ( it does not matter where you stay or where your husband stays) Just rush to teh nearest police station. Approach the legal aid committe if you cannot finance yourself. You would get divorce easily.
2007-05-21 01:29:25 · answer #6 · answered by Abhijit 5 · 0⤊ 0⤋
Take help from your family, best Cousellor, Advocate and Court.
2007-05-23 18:19:57 · answer #7 · answered by Anonymous · 0⤊ 0⤋
file your case in court n ask for divorce , sons custody plus Ur istri daan.
2007-05-21 05:08:42 · answer #8 · answered by yuvraj S 2 · 0⤊ 0⤋
Get the hell out of India!
2007-05-21 00:56:52 · answer #9 · answered by Monk 4 · 0⤊ 0⤋