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tamana (home maker)     30 March 2012

Need suggestion on divoce

Respect to evrybody in the forum,

Am facing issue in my marital,  after my marriage i gave up my career as per my husband wish, It was my peak period of my growth i was salaried of 60,000 p/m at the time when i left my job.

My marriage was a love marriage, my husband loved my for 8 years before marriage later we decided to marry.

He forced me to resign my job at the time of marriage, When he told me to resign at the time of marriage i thought, He was very much concerned about me and he wanted to be part of his business.

Then i agreed and resigned as well, now its 2 years of my marriage, we have still no kids.

From the 3rd  to 4th of my marriage he started tourching me for kid, and  he started listening from others and from his family for not happening kids and many other issues,

he nver been kind to me or supportive husband from the marriage still i sustained.

I could nt understand whether he is possesive or something else. He never let  me to go out for any purchase, nor let me to out and spend some time with my sisters, In fact he never let me to go to my previous company to collect my Provident Fund.  he always wanted me to be in front of him in office. if am late for 10 mins either to office nor home he abuses me like anything.

He nver liked me  goig to my parent's house, Whenever i go to my parents home on that particular day he pull out the fight.

He harrass me abuse me and my family,  from the time of marriage for all his financial trouble my parent's have been in support. but still he never respect them nor let them be as they are.

He started abusing me physically and mentally,  am facing very bad harrasment from him,

And he is threatening me that he will go for divoce and with Mutual agreement.

* Here my concerned is not to break my marriage so easlily, but still if he insist, then  i would defenetly I will  make him to be free from me.

So Please guide me how do i go about it. Am trying my best to save my marriage, but nothing is in my control.

He is getting feeded up from his parents and other.

If he comes to mutual defenetly i would not agree for it, and i would want go for divoce through court and would want  to file a harrassment complaint on him and may want to get my losses for last 2 years as compensation and for my future.

Request you all to help me how do i go about it.

 

regards,

 

Tamana

 

 

 

 



Learning

 10 Replies

S.K.Maanav (International President International Hindu Personal Law Board)     30 March 2012

Really it is very hard time in  your life but dont bother b brave, divorce is not a solution for making life happy. i think if u really want to move in court, u should consult with your parents or any other friend so that they can help you after intiating court proceedings. moreover go to local court and take advise any reputed advocate for filing petition under section 125 crpc for maintenace if u r willing to leave his house. u can also file application under domestic violence act.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     30 March 2012

I think Mr. Saxena guided u well. 

My opiniuon, though i dislike breaking home, I feel, in ur case, it is reqd. 

 

No one will suffer, if u go for Divorce, as u r capable to earn 60k pm, and no kid. 

u had long affair of 8 yrs as u say, so even after 10 yrs fr, this is the stage, immediately go to ur parents home, live separate, join ur job, get good advise from ur parents, and well wisher. 

 

Then if all agree, file MCD & divorce him.

no claim, nothing, You stll can claim after divorce. if needed. 

Be happy first, Also be safe, as no kid, ur life can be endangered.

1 Like

HK_Jain... (498a Fighter)     30 March 2012

"My marriage was a love marriage, my husband loved my for 8 years before marriage later we decided to marry"

My question to you are:

what you have decided after 8 years i am not understand. story is incomplete why he doubt ?

why he is so possesive? is he loves you lot or something else?

how was your relation during 8 year relationship?

stranged that you never understand him in 8 years? is it a very short time to understand the personality of a man?

Anyways Please give him divorce and let him live..marriage is dissolve almost.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     31 March 2012

try to sort things amicably or part ways.

 


Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

tamana (home maker)     02 April 2012

thank you for your reply sir,

Here my concerned is If my husband is coming forward to give me the divoce as mutually,

1)  should i consider it, or should I  file the harrassment complaint on him,  as am suffering so much mentally and physically wil i be able to let him easy divoce through mutually.

2) will I be able to claim my damages for last two years of my marriage.

3) as he is a businees man and am also a part of his business, and he is 32 and am 27.  How much i can  claim for damages and ful and final compensation.

Dear Forum , Please rely to my queries

thank you,

Tamana.

from Bangalore

Adv. Chandrasekhar (Advocate)     02 April 2012

Tamanna,

The problem with the cases like you is we can solve your problem upto your satisfaction, but the real culprit goes away laughing at us all and find out another victim to fulfill his sadistic pleasures.  You file a complaint (I suppose Section 498-A), later on dragging the case for six months to one year, after getting assurance of reasonable compensation, you accept for mutual consent divorce petition.  you get unwilling divorce in your hand and compensation for the harassment you faced.  But the real culprit got away trumpeting in the whole society, that you misused section 498-A and extracted amount from him.  That is the thing happening every day.  The men, who compromise with the wife and pay compensation and get away with mutual consent go on propogating the misuse of section 498-A by women. 

So, my suggestion is:

If you do not want to continue marriage relationship with him, go for mutual consent divorce, if the proposal comes from his side.  Accept the monetary compensation for the harassment you met.

But do not condone the Section 498-A offence.  Let the case reach its logical conclusions.  Do not accept a condition that you withdraw section 498-A case by accepting financial compensation and mutual divorce.

This advise is not just for you, but  for all the women, who met physical and  mental harassment, but condoned such cruelty by accepting the mutual consent divorce petition by accepting some amount.  All your cases will be treated as misuse of Section 498-A and brand all of you as extortionists.     

HK_Jain... (498a Fighter)     02 April 2012

@tamnana :- 1)  should i consider it, or should I  file the harrassment complaint on him,  as am suffering so much mentally and physically wil i be able to let him easy divoce through mutually.

What u want exactly? if u harrassed so much get rid off from the harrassment.. luckily your partner is giving u MCD so go for it and live ur life independetly with dignified way.

2) will I be able to claim my damages for last two years of my marriage.

totally depend on juridiciary.. if u really faced so much harassment and able to prove in cour u will definitely..

3) as he is a businees man and am also a part of his business, and he is 32 and am 27.  How much i can  claim for damages and ful and final compensation.

it is non predictable:) all depends on ur lawyer and circumstances ;)

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 April 2012

If he is coming forward for MCD, why you want to complicate the things by filing harassment case? It could turn counter-productive Regards, Shonee Kapoor harassed.by.498a@gmail.com
2 Like

Adv. Chandrasekhar (Advocate)     03 April 2012

Tamanna,

If any one steals your bag and you catch him and recover your bag, do you leave him like that or handover him to police?  He is an offender and he should be punished.  The same logic applies here.  If husband offers for MCD, he is planning to harass some other lady mentally and physically by marrying some other girl.  So accept the MCD but let the culprit face his punishment so that he will not adventure to put another lady in a miserable condition like you are facing right now.  The women are so tolerant, that is why in every strata of our society, from centuries till date, physical and mental harassment is going on in urban as well as rural India, in the richest classes to middle class to poorest sections of society.  A trend has started that you beat your wife and offer MCD and some amount permanent alimony and preach her not to pursue criminal case as life is short and one has to live it.  Once this happens, put false allegation against  her for misusing Section 498-A and call her extortionist.  This attitude is perpetrating crime against women.

warm regards,  


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