Domestic Violence
Lalita
(Querist) 27 July 2017
This query is : Resolved
I am a working woman in noida.I am married for about 4 yrs in Sirsa,Haryana.it was a love cum arrange marriage.I was being forced to give money prior to and after my marriage.i resisted this for a number of times but then because of fights and emotional blackmailing and abusing I continued giving money.in this Jan 2017 When I was 8 months pregnant I stopped giving him money than he called up my family n said ki aake le jao isse,m iski responsibility nahi utha sakta,my family said ki tum chod jao hum lene nahi aaenge to he pushed me out of his home.Then thing settled a bit I continued living with my husband again till my delivery but he n his mother made it hell for me,there was no grocery,no milk for me.after seeing all this I decided to come to my parents place after 10 days of my delivery after consulting my dr as mine was c-section delivery.I thought everything will be fine after sometime but then my husband shifted the flat and he is not giving me the address and keys of my house .He and his family is constantly pressurising me to give my salary to them only then they will allow me in.Ab mujhe darr lag rha h ki kahin ye log mujhse mera baccha bhi Na cheen le to is case mein mujhe kya krna chahiye.As my maternity leaves are about to end what should I do now.I want all my money back and security of my child as well,so that in future he cannot take my child away from me.i have details of transactions which I have transferred to my husband's account.
Ms.Usha Kapoor
(Expert) 28 July 2017
File divorce case on the ground of cruelty narrating ALL TH E AFORSAID ALLEGATIONS IN YOUR DIVORCE PETITION.
Ms.Usha Kapoor
(Expert) 28 July 2017
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Advocate Suneel Moudgil
(Expert) 28 July 2017
you have following options -
Domestic violence case,
Cruelty case (Criminla case)
Divorce on basis of Cruelty,
you have to decide whether to settle the matter with husband or to take divorce
for further clarifications call/whatsapp me.
Rajendra K Goyal
(Expert) 28 July 2017
Whether your husband was earning? If so practically when you are also earning, you should equally contribute for family voluntarily. You have given money from your salary, in case of understanding there should be no dispute. It is happening in most of earning couples.
However, it seems there was no clear understanding, you treated it as your money considering all liability of husband side. In absence of understanding such situation was inevitable.
Life may not be so much rosy after divorce.
Try to save marriage, if you adjust yourself for 2-3 years, things are bound to bend as per your wish.
If not possible, you have enough grounds for creating no. of troubles by filing case of domestic violence etc.
Please think on other side:
You would have to go to court frequently for your case thus may not be doing justification for your child and your job.
Golden period of life may be ruined in litigation
Your child would be deprived of the affection of both parents.
Development of child may be effected.
If you remarry, new spouse may not accept child easily.
There is no 100% surety, there would be full adjustment.
Once moved legally, chances of reunion would sharply decline.
Lalita
(Querist) 29 July 2017
Thanks Sir Rajendra K Goyal.
I appreciate your point.My husband is also earning. I was engaged in 2012 he started asking for money after that only.He was not supposed to do that n I was not liable for contribution at that pioint.Post marriage i should contribute but all expenses are not supposed to be done by me.Even the expenses for his family which includes functions of his nephew,which were not supposed to be done by me.Sir I have adjusted for 5 years n those years were like hell for me,there was nothing for me in that house but everything is there for other people like my sister in law(his elder brothers wife).She utters a word n my husband is ready to beat me.
He is not ready to take any responsibility of mine.Yet I haven't made my mind of separation but that's true ki I am not ready for that life again along with my child because I know my child will face the same things which I have faced in past.There are a lot many things which hurt me more and I don't want that my child should face all those things because of me.Now the question is of my child's future.I shouldn't had this courage of stop giving him money in past I have done this for my child only.i think golden period of life has been already ruined but I don't want it to be ruined for my child.I want adjustment but not considering his wrong demands.I am ready for adjustments if he is ready give me a respectful life.But he n his family is not ready to talk to us,what should I do in this case.
Lalita
(Querist) 29 July 2017
Thanks Madam Ms.Usha Kapoor.
But still I am not ready for divorce I am just looking for options from which I can live a respectful life. And my child should get love and affection of both parents.I am just looking for such legal options from which we can make him n his family talk to us.Not to ignore our calls and SMS n our visits.
Rajendra K Goyal
(Expert) 29 July 2017
Even than there is no harm in forgetting ego and try for amicable settlement.
If not possible, instead of going in long litigation process explore the possibility of Mutual Consent divorce which would be in favor of both.
Path of long litigation is open and can start if above two steps fails.
Guest
(Expert) 29 July 2017
In family courts there are provisions for counselling and both husband and wife should be compulsorily present before mediation.You could utilize that opportunity.You could claim maintenance with out divorce also.Discuss with a local good advocate.MCD will not be applicable for your intention to live with him as quoted wrongly by Mr.Rajendra K Goyal
