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pavan gahalot (software engineer)     09 March 2010

Homosexual Husband

Hi,

My sister got married before 5 years, on the very first day she came to know about her husband's s*xual weakness. But he continuously tried to keep mum on this issue by only saying that he is going through medical treatment. meanwhile my sister used to ask him about his problem but he never told truth to her and contraversies occcured between them. Now he and his parents agreed that he is a homos*xual and gave it written that they would give permanant alomony for  taking mutual divorce.

Now they are refusing to give anything and we want to file a case against him. her parent also tortured my sister for money and harrashed her mentally.

Its been 3-4 months my sister is staying with me. just because he aggreed to give permanant alomony we didn't file  498A case  against them.

Please advice  can we file 498A and Mahila atyaachar case against them. also suggest are there some more case which can be file against them.



Learning

 15 Replies

Vikas Dharmendra (Consultant)     09 March 2010

do not go for Fake 498a Cases. Go for mutual Consent.

Cases takes hell lot of time and no body gets anything.

Suchitra. S (Advocate)     09 March 2010

Vikas Sir, Let me know how you considered this would be a fake case for s.498A ?

pavan gahalot (software engineer)     09 March 2010

Hi Vikas Sir,

This is not a fake case. infact we have shown humanity by not doing 498A against them since 4-5 months. We thought eventually they destroyed my sister's life but if she get her right in terms of getting alimony then we wil not file case, but after giving in written on 100 RS/- bond paper they just wasted our time and now after 4 months they are refusing for every thing.

So we have no option left  now.

Suchitra. S (Advocate)     09 March 2010

Pawan Sir, I would suggest you to file a case immediately under both s.498A and DV Act.. One can imagine the agony of the woman who lived for 5 long years in the situation you have explained.

pavan gahalot (software engineer)     09 March 2010

Hi suchitra,Thanks for your valuable suggesion,one thing i wanted to know that its been 4-5 months so can we file 498A now at his resedential place(Mumbai) and one more thing i would like to tell you that he has given a false notice to the police station which falls under their area that we brought our sister and she tried to end her life and all false alligations.

Now when we file the 498A their then does our case becomes strong as he already gave a false notice to the police station. We have proof of the 100RS/ bond in which his all family members agreed to give one time settlement alimony for getting mutual consent.

Now they refused to do anything.

pavan gahalot (software engineer)     09 March 2010

Hi Prabhakar,

Actually he turned out of his written agreement there might be reason like in future he can not marry again with a girl now he want to create problems for my sister also to just hang us for long time. and let the case go on and on and on. so now he don't want mutual divorse and nither he wants to pay the said amount as a settlement alimony.

So  to teach him lesson what he has done with my sister i want to use all legal options.

Would you please suggest what are the cases we can file against him.


(Guest)

1. Sh. Prabhakar has given the best analysis of all facts placed inthis mail.
2. I also like ot know from Ms. Suchitra's when she advised them on S. 498a IPC / S. 406 IPC etc., why you suggested to use these Sections to this question seeker ? I just want to know the 'resoning' part !
3. Pavan and family are rightly 'agreeved" party here and I will add word like "highly" here in such situation but then there are other legal remedies which will bring in quickest relief to lady than using strongest weapon of mass distruction which his sister can very well take shelter of unlike S. 498a. I say so bze other than "highly mental agony stage she went through and living a life of constant mental cruelties on the s*xual orientation / preference of her husband,  the situation so far expressed here does not have ingredients of Dowry related cruelties as on S. 498a IPC, are there any !
You may enlighten me for to the question I asked your kindlsef for my own understanding.
Regards 
 

Suchitra. S (Advocate)     09 March 2010

I am sorry for referring the case to come under s.498A. The case is not concerned with Dowry in any way. As a student I always confuse that s.498A speaks about cruelty from husband or his relatives is about s.498A. I forget that it relates to dowry aspect as well. I am sorry. But as the facts show cruelty, I think it can be a DV case. 

 

Thanks for correcting me, Arun sir.  :)

 


(Guest)

1.Thank you for your prompt reply/
2.No need to say sorry as we both are students :-)
3.Admittedly may be the family may use various other provisions of very law which have been enacted to help the lady in their true wisdom, but atleast not S. 498a IPC in presented situation, as it may come out to be a  loopy law for them in presented briefs which is say that they both want GET OUT of a really bad phase of their life (5 years remember they say spent in this relationship).
B rgds

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     09 March 2010

start 498a.

for money we can compromise with everything. our main terget is money, not the family peace.

...........fighting, fighting, fighting everywhere - but not a single drop of peace.................

pavan gahalot (software engineer)     10 March 2010

Thanks to you all for supporting me in various way,

We really were not in favor of taking revenge but after doing such a big crime  they are not regreat what they have done and also not following to the written contract.So  what we do know.

If we just file DV case, would you please tell the procedure and do they get arrest in this DV case .because untill they feel harrament they would not come on the right way.

One more thing as per written contract  they supposed to give their home situated in Pune to my sister. and fortunately my sister is a co-owner in this property. we have all legal documents with us. so would it help us.  

G. ARAVINTHAN (Legal Consultant / Solicitor)     11 March 2010

All are concurrent remedies. You can file a divorce petition, a maintenance application, complaint under Domestic violence Act etc. You can get appropriate reliefs too


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