Divorce case
rimi
(Querist) 05 March 2014
This query is : Resolved
my husbande forced me to give whole of my salry to my mother in law . after much heated discussion they first gave some part for my expense,. but kept harrasing me for details and expenditure. kept taunting me, shouting me . i spent many nights sleepless bec of his fights at night. he and his family asked for money, jewellry,clothes for every one and expected my expenses to be paid by thm at all festivals. we refused. i got pregnant . he tried to force me for abortion. and sometimes locked me, thretnd me. tried to preventd me frm contcng siblings, i came back to my parents many times. ultimatly left theirs as my pregnancy was going worse. i hv a daughter now. and they r avoidng contact,
can i ;
1.ask for my jewellery back. they now say its with me.
2.ask thm to arrange a separate house for me and my husband to live may be on rent as my mil is the one poisoning my husband..
3.if they refuse and we hv to go 4 divorce what can i do if they somehow refuse to pay alimony, jewwellry( they are gud at hiding it).
3.i m working and earn slightly less thn my husband. can they be forced to pay alimony for me and my child.
4. can they be made to pay back my salaries i gave them. i gv thm cash. kept no acc as to exact amt paid. as it varied every month.
i tried to live with them, many meetings took place where my senior relatives tried to make thm understand the consequences of such fight is bad. but the fights incresed. they promised many times they will improve. bt each time the thingd got worse. the soln my fil & mil gave is that we should sleep separtly. and mil would sleep with me. i tried to refuse as bec of our office timings. we met only at night.
he and his mother r so greedy that they fought over my purchasing or requesting for even things like fruit, curd, milk. they only hv one need of mine that is my salary . they maried me only bec of my salary.
they hide and show as if they r in financial crisis and inreality spend on thmslvs but not ready to spend 50 rupees on me.in reality even my husband confessed earlier tht he agrd to marrge bec his income will double. living in that household again gives me so much emotional stress that i get nightmares. i cant even force myself to go back there as it has started causing me psychological stress. it started affecting my career. it was like they created depression for me. what shall i do. i also dont want to go for divorce bt really cant live with thm also. how can one live with those who fill ur husbands mind to taunt u on physical appearance, economical expenses, it was humiliating..
also my husband forwarned me that if ill continue with my pregnancy tht the child he would c as an unwanted one, a burden. a person who stoops so low as to cause so much physical, mental torture to a wife durinf pregnancy. what future do we hv with him.
rimi
(Querist) 05 March 2014
i had been married for almost 3 years. the fight, physical , mental abuse went for around 2 years. i came back to my parents house many times, they made new promises every time. bt ultimatly i had to leave bec of theat to pregnancy as my husband hurt me during pregnancy. misbehaved , gave me mental trauma. they came to get me many times, bt i knew they were making false promises. even during delivery they just sat to make a gud impression on hospital staff, and hv been avoiding contact.
malipeddi jaggarao
(Expert) 05 March 2014
You have a daughter. And they will not be interested for mutual divorce as you are earning member. Both these factors are positive to patch up the things. Egos, misunderstandings initially created will guide the actions on both of you emotionally. Once you got married, if you want 100% financial independence, they husband's family may not be ready to accept. At the same time, you should be treated honourably in their family as you are their family member after marriage. These type of things can be settled if you really serious about continuing the bond. Have a talk with your husband. Forget the past and give hints that in the interest of the child, you are ready to re-start your life with mutual understanding. Tell him that you give respect to his family members at the same time, you cannot depend totally on you in financial matters, giving account to every expense. Rope in some elders. If you finally come conclusion you can as well file a petition in the court for alimoney and maintenance of child. You can ask your jewelry. As regards living separately from your inlaws no court will such direction. It should be mutual understanding. Instead of running away from the problem, try to settle the problem. As regards payment of alimony to you, as you are earning member, it depends on many factors. but your husband has to pay maintenance to your child. Give a final trial shedding all egos once.
ajay sethi
(Expert) 05 March 2014
1) you are entitled to your streedhan . you can file complaint under section 498A for return of your dowry items .
2) you can file complaint under DV act seeking right to stay in shared household or alternative accommodation .
3) you can also seek maintenance for your child . you can also seek compensation for mental torture that you have undergone . your husband is bound to comply with court orders . if he fails to do so you can take execution proceedings for attachment of his property
Biswanath Roy
(Expert) 05 March 2014
As a very old man in this Indian Society I feel its a pity for us to hear the cries of our girls after marriage and as one of the senior most member of the Bar I shall have to give legal advise. My pen is not adequate to express my sorrow. However I ADVISE YOU to reconcile the matter taking help of your parents and family friends considering the future of your new born baby, if your such effort fails then ask legal opinion from us as to the situation that may arise.
T. Kalaiselvan, Advocate
(Expert) 05 March 2014
One more MIL and dIL feud which are frequently portrayed in the television dramas. I still believe that nothing is out of hands or out of control. Efforts for reconciliation from both the sides and few compromises on both the sides may find a solution to resolve this not so big problem, because such ego clashes are very common especially in a house where the DIL is employed and the MIL is made to look after the grand child or that the grand mother is not given access to the care of the grand child as the child is intentionally dropped at her mother's house by the DIL while on the way to her office and being picked up at the time of return. Thus, a few understandings on both the sides will save the sacred institution called marriage. the women friendly laws will pave way for a permanent break in the matrimonial set up. Think about the issue many times before seeking a legal solution for the petty issues and as respected Adv. Mr. Roy expressed, you can approach this place for suggestions after exhausting all the sources for relief.
Rajendra K Goyal
(Expert) 05 March 2014
1. You can claim your stridhan.
2. You can claim residence in shared house or separate accommodation.
3. You can claim maintenance for your child. Payment of any alimony is doubtful.
4. Hard to prove and get.
Amicable solution would be better for you and your kid.
rimi
(Querist) 05 March 2014
i tried to live with them, many meetings took place where my senior relatives tried to make thm understand the consequences of such fight is bad. but the fights incresed. they promised many times they will improved. bt each time the thingd got worse. the soln my fil & mil gave is that we should sleep separtly. and mil would sleep with me. i tried to refuse as bec of our office timings. we met only at night.
he and his mother r so greedy that they fought over my purchasing or requesting for ev even en things like fruit, curd, milk. they only hve one need of mine that is my salary . they maried me only bec of my salary.
they hide and show as if they r in financial crisis and inreality spend on band is not ready to spend 50 rupees on me. themselves lavishly.in reality even my husband confessed earlier tht he agrd to marrge bec his income will double. living in that household again gives me so much emotional stress that i get nightmares. i cant even force myself to go back there as it has started caausing me psychological stress. it started affecting my teaching. it was like they created depression for me. what shall i do. i also dont want to go for divorce bt really cant live with thm also. how can one live with those who fill ur husbands mind ti taunt u on physical appearance, economical expenses, it was humiliating..
rimi
(Querist) 05 March 2014
also my husband forwarned me that if illl continue with my pregnancy tht the child he would c as an unwanted one, a burden. a person who stoops so low as to cause so much physical, mental torture to a wife durinf pregnancy. what future do we hv with him.
Biswanath Roy
(Expert) 05 March 2014
If the facts stated by you in reality then simply you file a case for maintenance for your baby and live with your parents and prove that you are a hard nut and belonging to the gender of DURGA MATA.
malipeddi jaggarao
(Expert) 05 March 2014
Fully agreed with expert Mr.Roy. Fight back for your rights. Sufficient guidance is given above on this matter. Consult a good lawyer who can take up your case.
rimi
(Querist) 06 March 2014
sir i agree with what u say . on one hand i have a daughter who i would like to give a wholesome future where love of both parents r req. on the other hand i hv a irresponsible husband . i think ill try to initiate contact with him and c if he is interested in taking care of me and our daughter, with some space, respect and care for every1.
Biswanath Roy
(Expert) 06 March 2014
You may contact your husband over phone and call him to pay some money regularly for maintenance of the baby in a sweet manner and see how your husband reacts to this proposal.
ajay sethi
(Expert) 06 March 2014
you dont have any future with husband who dosent respect you and considers you merely as a meal ticket . go for divorce
rimi
(Querist) 02 April 2014
i hv tranferred my recordings frm cell phn to internet as they were very long and rec were many in which my in laws r abusing me. i no longr hv thm on cell phn bt on net as my husband kept chking my cell phn and computer..
r they no longer admissable as evidence. the recordings on net r quite long bt i hv not changed thm in any way...
rimi
(Querist) 02 April 2014
how else can i prove tht they actually caused torture..cant forensic lab prove that they have never been modified. pls help im in dire need...
