File for divorce on grounds of mental cruelty
2) you can also file case of dowry harassment against your husband
3) enclose your bank statements that prove transfer of funds to husband account
4) also messages wherein he demanded money from you
My husband has destroyed me and left
Hello Sir , I married my second husband in 2004 after arriving to India from USA. His cousin was my friend and he told me that he is a good guy. I spoke to him from US and he sounded allright and he claimed himself to be intelligent and smatt which I have beleived. I told him he doesnt need to work and he can start a small business. We got married in Aug 2004 and he was ok for a few months and then he asked for money like 40 lakhs and we already gave him rs 15 lakhs by that time. He never did any work and my mom used to cook for ua while I worked for a short time. He even wanted He left us in 2010 and never came back and we went to his village several times but he just wouldnt come back so I used to go there and my co sister didnt use to like but somehow i used to stay for a few days and then go back to my mother. Recently it became even worse he and his brothers used to make comments and stuff like that and he stopped caring totally what I was going through I own some land and I work v hard to make ends meet sine I wasted money on him. So I want to know what I need to do since he has destroyed my whole life and married me just for money and left when we couldnt give anymore. Can I file a cheating case on him? Thanks
Asked 2 years ago in Family Law
Religion: Hindu
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14 Answers
Your written submissions are showing that you are subjected to cruelty from your said husband
- Hence, you should know, that legally you are having following right :-
- As per law, A wife has the right to claim decent living standards and basic comforts of life from her husband. Hence for claiming the maintenance, you can file a petition under section 125 CrPc.
- Your husband is under legal obligation to provide the same to you at any cost, even he is working or not.
- Law entitles wives a basic right to reside in the matrimonial/ home, whether the house owned by her husband or his parents, a rented property or officially provided to him.
- Hence, for claiming your residential right, medical expenses etc, and also for teaching a lesson to the family members of your husband, who subjected you torture & harassment, you can file a petition under the provisions of Domestic Violence Act.
- As per the Supreme Court, A wife has complete ownership rights over all her Streedhan, the gifts and money given to her before and after marriage. The denial of Streedhan to the wife makes the husband and in-laws liable for criminal charges.
- And further, if the husband or his family members subjected a woman to cruelty for the dowry demand, then they can be booked under Section 498-A.
- You can lodge a written complaint against your husband, in the Women cell/Mahila Police, after mentioning all the details of torture & harassment.
- The women cell firstly will try to reconcile the dispute; otherwise, they will lodge an FIR against all the person, who subjected you cruelty. .
- Hence after filing cases against him from your present address , you can punish him and can claim the amount which you have paid to him and also can claim maintenance & residential right from him even he is working or not.
Between husband and wife criminal complaint of heating will not stand. But as he married you for money, if you want you file divorce case against him and obtain heavy alimony. During divorce proceedings you also seek good amount of maintenance from him. If he fails to pay maintenance and alimony he will be sent to jail. Depending on your residence you can file such case in Secunderbad or Hyderabad family Court.
Yes you can file the same
1. You can file a case seeking recovery of the amount he had taken from you terming it as a loan taken from you to be returned to you with interest.
2. No Court can force him to stay with you but he shall have to pay maintenance to you in case you are not capable of maintaining you financially.
3. So, you can also file a maintenance case against your said husband.
No cheating case can be filed against him.
He had married you by not playing fraud or cheating you.
You knew everything about him before marriage itself, hence at this stage there is no reason to file a cheating complaint against him.
However this will come under the acts of cruelty and desertion hence you can file a contested divorce on the said grounds and get rid of him instead of depending on him anymore.
You may file cheating case but you will get more fruitful result if you file 498A and Maintainance and DV case againts him.
Thanks for all the answers that I have received. Please hrlp me with this can I file a restitution of conjugal rights on my husband and mention everything that has happened or should I directly file cruelty case on him because the court may ask why I want to live with him when he misbehaves this much. Please tell me the procedure going forward. Thanks
Asked 2 years ago
you can file Dv case against your husband
2)also file dowry harassment case
3) dont file for RCR it is useless
If you do not want to live with him anymore then there is no point in filing a restitution of conjugal rights case against him because it will not solve any purpose even if you get the judgment in your favor, because he cannot be compelled or forced by law to live with you against his willingness, hence it will be just a paper judgment without any use.
Instead you can decide to permanently dissolve your marriage with him by a decree of divorce on the grounds of cruelty and desertion.
A decree in RCR is useless decree as no Court can execute such decree by forcing respondent to join the petitioner and after two years of decree the petitioner becomes entitled to decree of divorce due failure of respondent to join the petitioner. It ultimately lead to divorce. A petition for RCR means you are willing to join him leally you are seeking direction from Court to join you. Allegations of cruelty become redundant after filing of RCR. Filing of 498A is your choice. Decision is yours, only if you decide any advocate will help you.
- If you are interested to live with him , then you can file the Restitution of conjugal rights petition in the family court , and also can mention all the cruelty done by him
- You can mention in the petition that you are ready to condone his cruelties , if he will keep you happy after joining the matrimonial life with him.
Its better you file DV case against him. Restitution is filed when you want to stay with him
As i suggested earlier,To get fruitful result file 498A, Domestic Violence case againts him in which you should pray for monetary relief along with a room for staying in matrimonial house and also file maintainance case separately.
Dear client I am sorry to hear that what in this case you can obviously file for divorce or restitution of conjugal right case against your husband.
