Sir , I got married in Nov 2014 and my mother in law was not nice with me she was insecure and never use to allow my husband to take me out with him it was a 7 yr relation turn in love cum arrange marriage, i got pregnant in april 2015 n in april my mother in law got to know she is having 1stage cancer but my mother in law didnt find it a good news and fought it ,abused me and asked me to go to my parents house i refused but as she was not well and she was abusing me daily and my father in law forced me and drag me out of house and asked my husband to send me back home as his mother doesnt like my husband attention divided in my pregnancy and want him to take care of his mother wholely , i was crying and still he said live at your parents place will take you backin few days, but didnt turn up,now i have 1 girl child born in jan and till now no contact not replying to msgs calls , i got to know he i had many affairs before marriage too i have some which i was unaware about i now have evidence too , he send me section 9 stating lies and went to his hometown with his parents without informing me with all my jewels and furniture, i did 498a and jus few days back filed dv, now in front of police he s saying i want my wife back and i also wanted to live with him but he s not talking to me after counselling on ph and never reply then he says in police chalo abi chalo me to rakna chahta hu lkn fr he said first sign bond saying you are wrong and you left me and took all your jewellery with you, but after his all dramas now i m feeling low and want him and his family to pay for his deeds to left me and my child for no reason..he is also sending speed post letters daily saying you took your jewellery and asking me for 20 laks why you are doing this and all lies i submitted to police his letters but he his playing very smart and i m having difficulty to fight with him and want to get releif , i said i m ready for divorce he said ok and recorded in counselling and now saying in police see her ultimate motive is to give divorce and take money from me..so if i file for divorce now will my domestic violence case become weak and will he be not liable for child maintenance , he said he left the job and he is not getting any job now...n showed his regination to me and to police saying his company was in loss and was througing emplyoees and due to family stress and work stress he left the job and now will not work as his father is earning good to take care of him and his family , so i m not getting his intensions what he is upto, - if i file divorce will he still be liable to give me maintenance and child maintenance - now it is necessary to attend section 9 as now i m done with his fake tamashas n want to get separated forever -i have stated in my 498a that my father in law dragged me out and say very vulgar things and harass me and force me f to get my living from my house which is a fact but i dont have any proofs so is there anyway i can take him to jail and get him suspended he is working with SBBJ bank I was truly in love with my husband and was hardcore loyal he not only betrayed my trust , but destroyed me *Fiancially took all jewellery and my things which a got it from my home he demanded a high profile marriage and my dad fulfilled it by spending all his life time earnings on my marriage *physically he beated me once when i went to his office in pregnant state to request him to be with me as i was in depression due to separation from 7 months but he beated me in car, mother slaaped me once when she send me forcely back *mentally harassed i found out his affairs on his hangout chat gmail history that he is involved in girls from long and after been in relatinship with me and after roka too..no proof of present now how can i get allimony with divorce.. or should i not file divorce and fight maintenance i m working because i have no option left and i have a small 9 months baby who become sick all the time and she is living with my parents. i want her to be with me but then i cant afford bai,rent and home stuff together what all step should i take before filing divorce
1. You have already file case u/s 498A case. So no more new criminal case can be filed.
2.However if some other relevant charges like section 323, 326, 384, 406, 506 IPC is left you can apply to add those.
3. Yes, if you are not gainfully employed anywhere you can apply for alimony. Since you are employed you can apply for the child and not for you.
4. File case under PWDV Act wherein you can seek montly maintenance, house rent, return of ornaments , one time compensation etc.
1) continue with your 498A and DV cases
2) seek maintenance for your child and yourself in DV case
3) express your inability to stay with husband on account of his abusive nature
4) also mention about FIL and MIl constant threats to you
5) if you want you can file for divorce on grounds of mental cruelty
6) seek alimony from husband and maintenance ffor yourself and child
1. Any spouse may file for dissolution of marriage if there is a ground subsisting in his favour. One who files the case has to prove his case in accordance with law. The courts administer justice on the basis of law and evidence, not on a first come first serve basis.
2. Regardless of who applies for dissolution of marriage he will continue to remain liable to maintain you and children financially if you are not earning on your own. The liability to maintain wife continues to subsist even after divorce.
3. If you do not defend sec.9 filed against you then he will walk away with a favourable decree which will crush your right to claim maintenance,
4. If his bail gets rejected he may be suspended on arrest and detention.
1. If you file a Divorce case now, your DV case and maintenance case will not be diluted at all. As per Supreme Court Judgment, the husband shall have to maintain his family by begging or borrowing.
2. File the divorce case at the earliest if you have so decided and after that you can skip the hearings of the section 9 case. Claim for maintenance for your child after your child is borne also and refund of all your Streedhan.
3. If you had collected the evidence by audio/video recording the alleged facts, it would have been possible for getting them arrested but due to the wide misuse of Section 498A by Metro Women who lodged complaints which turned to be false later on, the Supreme Court has directed the police not to make any arrest of the accused without conducting investigation in to the complaint of the wife. So, if you can submit evidence in support of your allegation and/or can negotiate successfully with the IO, you can get them arrested.
hi thank you all so much for your spontaneous reply, 498a is for dowry they wanted car at my marriage time but i refused and they were not able to say it again so i dont know how much relevant this is with 498a,they are selfish and not giving my shreedhan and furniture and proof are the letters of my husband which he send every week writing you took it with urself but not mentioned before in Section 9 , that i took it just wrote she is not coming because she is been money minded and he left job due to mothers health and jab k he left intentionally , and i have his msgs saying you earn do home stuff and maintain me , your baby ,my family i wont be doing job manzooor h toh aao vrna sunogi or rougi toh pitogi...and lekin i dont have recording he has many but i never abused he abused and i m only crying and begging and i have his emails abusing my family and saying talak de or picha chord and pata nhi kya kya, he is accepting he is characterless saying ha bahoot h larkiya or rahegi jo karna h karley, he has his ids on adultery sites of which i have snapshots , i did abused him but that only the day i got to know he is physical with many and he has recording and now he use it in a protective way saying she abuse my mom dad and everyone lik this when was at home , i never did it jab k kabi b , only when i got to know his affairs and subko kehta h meri stories bnai hue h n kudhi gmail mein larkiyo c bat k h which nobody believe i have proofs and i have my neighboor statement on record he said my husbnd is a characterless men but because i was in love they dont wanted to poke in our lfy but they knew his pasts and many of his frnds involved in drugs and girls.. As proof i hav msgs and emails and snapshots of his id from his gmail account on diff adultery sides like discreet marriage, are you interested , redhot dating,sex chat buss no more dowry proofs they use to tease me alot and always use to say get money from your home for your living , but dont have proof my frnds have given statement in police saying that i use to tell them that they ask money for my living to get it from home and i was in depression throughout my pregnancy because all my parents counselling efforts fail, they dont open their door, i have contacted one women N.G.O too these all things my two frnds had gone to thana and made their statement on record and they have my past msgs on whatsapp in which i wrote them writing what his family is doing with me, which they submitted with dates to them my whole chatting.. Now my question is i have one frnd in print media and want to write my story so that my inlaws get insulted in public and know its not easy to ruin any1s lfy but i m scared if in anyway this can spoil my case?? second thing i want a permanent alimony beacause i dont have any money left ,nor my dad has anymore i also have a younger sister who has to get married and now i have a small baby responsibility but he is not ready to give a peny and nor saying anything in regard of divorce...even when i ask for mutual he ignore and say jab divorce lagaley toh but i know in my heart ,he nor want us to live with him so in divorce do he has to give me alimony on any cost if i won the case.. thanks in advance for all your valuable time and suggestions..
Emails , messages , statements of friends will help you in proving continuous acts of cruelty under section 498A
2) you would be entitled to alimony in case of divorce as well asmaibtenance for your child
3) don't publish your story in print media during pendency of court case
1. Permanent alimony is possibly only if there is mutual divorce, failing which the court can award only maintenance which will be payable monthly.
2. You can file a DV case to seek one time compensation though if you have evidence to prove your allegations.
3. Your print media friend along with you may face a criminal prosecution for defamation if you declare him guilty before the court does so.
1. You can seek justice for the injustice you were forced upon by your husband and his family for which the Court will punish him if your allegation could be proved by you with evidence but you have no authority to punish them by yourself by publishing your complaint in print media with the sole intention to defame them. It may not affect your DV case but criminal defamation case u/s499 of Cr.p.C. can be filed against you by them.
2. You can file the divorce suit on the ground of cruelty by submitting evidence in support of your allegation and claim compensation for you and maintenance for your child from your husband.
- if i file divorce will he still be liable to give me maintenance and child maintenance
Divorce is a different subject to that of maintenance.
You can claim maintenance even if you apply for divorce.
so is there anyway i can take him to jail and get him suspended
he is working with SBBJ bank
If he is proved guilty of offences agaisnt him, he may be convicted with imprisonment.
now how can i get allimony with divorce..
or should i not file divorce and fight maintenance
i m working because i have no option left and i have a small 9 months baby who become sick all the time and she is living with my parents.
i want her to be with me but then i cant afford bai,rent and home stuff together
what all step should i take before filing divorce
You can file divorce and also claim alimony.
Though you are employed and draw a good salary on divorce you are entitled for alimony for yourself as well as for the child.
Along with the divorce case yo can file a petition under section 24 for interim maintenance for yourself and for your child under section 26
Besides 498a, you can lodge a criminal complaint with the police asking for retrieving yor ornaments under section 406 ipc.
You may also file a petition under DV act seeking compensation and other reliefs.