498a
Aarti
(Querist) 03 March 2017
This query is : Resolved
Sir i have filed 498a against my husband, brother in law, mother in law and father in law. But my husband has received a permanent stay for my inlaws from Allahabad high court and taken bail for himself. Sir is their any way to punish my inlaws for what they had done to me by court. Sir plz sujest
Guest
(Expert) 03 March 2017
Why you want to punish them? You have not quoted any background for asking such a question.
There must be some solid ground for punishment of any person or a group of persons, but not merely for wish fulfillment.
Guest
(Expert) 03 March 2017
World is very Big and Life is Very Short.You had not mentioned about your children.if you are not comfortable with your husband seek the Divorce and have a Pleasant and Peaceful Life.In my Experience the Punishment of God would be more severe than Legal Punishment.Just think your Life in a Positive way and Proceed.But proceed with maintenance case and Bail is not the end.Even for murder accused the Bail would be granted after 3 months.Consult a Local Good Senior Advocate.
Kumar Doab
(Expert) 03 March 2017
Mr. N.J.S.Rajkumar is right.
MCD can be shortest time consuming route and you can focus on your future..
Consult a very able and senior local lawyer of repute at your location with case file.
Kumar Doab
(Expert) 03 March 2017
Is it same query;
http://www.lawyersclubindia.com/forum/Refusing-divorce-145747.asp
You seem to have agreed for Mutual Divorce and half of the agreed amount.
Consult a very able and senior local lawyer of repute at your location with case file.
Aarti
(Querist) 03 March 2017
If i have not mentioned my background then i have also not mentioned about my wishfullfillment. Plz dont missunderstand any case on jst according to ur ground. I know if i explain u how brutally my husband laid hands on me even my brother in law did the same and my mother in law father in law were aware of the fact, u wont feel the same wht i felt. The scar is still on my forehead. I requst plz dont judge the facts urself.yes i have a daughter of 4 yrs who is fully under my guidance whether physically or financially since i was 3 months pregnant and my brother in law laid hands on me.yes i am an emotional fool who cannot quit the relationship and restart again. And lastly yes i am the one who received half the amount of mutual concent. Sir and mam plz before placing any reply plz feel if it would have happed to ur sister or to ur daughter. Thank u.will be waiting for ur valuable response.
Aarti
(Querist) 03 March 2017
One more thng sir if u say wish fullfillment u r absolutely right i want to fullfill the wish of staying with my husband and daughter peacefully.if possible plz pray for me.and plz thng abt ur sisters and daughters before commenting since it really hurts.we some ladies are living our lives jst because we cannot commit suicide or else we would have come up here. Plz respect ladies.
Ms.Usha Kapoor
(Expert) 04 March 2017
One must have balanced mind and prepared to live despite life's turbulences and strifes.Love is not about one way traffic.Unless your husband reciprocates your love then you'll have WISH FULFILLMENT. Apply for MCD and live on your own terms each day at at a time.Till the kids complete 5 years they will be with you.
After the children complete 5 years in age as father i is their natural guardian the custody of children will be given to your husband depending on his better financial position or otherwise in accordance with Hindu Minority and Guardianship Act read with Guardians and wards Act. If YOU SCORED WELL IN YOUR GRADUATION TRY TO TAKE UP SOME GAINFUL EMPLOYMENT or go to your parents and study further and become a professor in University after doing PG and Ph.D.For achievement oriented people sky i s the limit. Prove yourself.
Sudhir Kumar, Advocate
(Expert) 04 March 2017
You already had a thread and scattered facts on this thread. This way you are least likely to get correct advise as full facts are not thee.
Guest
(Expert) 04 March 2017
Ms. Aarti,
Marriage is often misunderstood as a source of wish fulfillment, while struggles always remain attached with any relation and events of life.
In fact, marriage is a source to create mutual understanding and trust between two unknown persons/ families to enable them to spend the whole life in a peaceful and enjoyable manner, when they get deprived of the support and rational advice of their parents after their death.
A girl, when comes to his matrimonial house, has at first to create the atmosphere of mutual trust, so that the other side may not feel undue disturbance in their existing settled life for the last several years.
But, if a lady becomes the source of disturbance in their settled life, the matrimonial house not only becomes hell for the existing inhabitants, but also for the girl, her children and worrisome for her parents, as that attracts only wrath of the existing inmates. The main thing is that the same has to be avoided only through mutual understanding at the cost of mutual adjustments and mutual respect by both the sides.
But, if sense of retaliation creeps in the mind of the girl, nobody or even the courts can save that family, including the girl to bear with the trauma, as the marriage proves to be merely a tragedy for both the sides, more particularly when they have children.
So, think at least ten times with cool mind
before you decide to take any action at your level. Law, of course, is favourable to you, may be your case is true or false.
Rest depends upon your own wisdom.
Dr J C Vashista
(Expert) 04 March 2017
Very well advised by expert Mr. P S Dhingra, I fully agree and appreciate his analytical acumen-ship and intelligence.
Guest
(Expert) 04 March 2017
Dear Dr. J C Vashista,
Thanks for fully agreeing with me and appreciation also.
Aarti
(Querist) 04 March 2017
Sir i needed a legal advice. Anyway i found that people here in this world has lots of sujestions but wen it comes to the individual part it tak�s an end. I did not know that advocates can accept that laying hands on a women is fine. Even by the brother in law. On what so ever ground it is.Really our society needs a change sir. Next time wen ur sister and daughter will be beaten never raise voice thnk 10 times.I cannot prove my part to the whole world so sorry for not providing u details.I am married for 7 yrs and raised the voice on court after 3 yrs of marriage that was a fault. Is the adjustment part all upto the wife? I need not to prove it. But i gave birth to my daughter after all such thngs jst because i loved my husband and his family.could they do the same by supporting me? My jwelleries were all with my inlaws wen they dragged me out of house.wht kind of treatment is that sir? R they not greedy? U can be a father but cannot help ur wife at least financially?anyway sir i needed a legal help from u not mental support. I have to upgrade myself to give my daughter the best and i will. But i did not want to be strong i too wanted to depend on my husband. I am sorry if ever i have hurt u. But its our responsibility to raise voice on every such ill done to anyone plz do no change ur human attitude. Help others to help u. Punishments are important to curve out crime. Do say no to punishment. Today i am the victim tomorrow may be its ur turn. Dont show crime a path to escape plz.
Guest
(Expert) 04 March 2017
Ms. Aarti,
I have already stated, "Rest depends upon your own wisdom." So, you are quite free to ignore any or every suggestion made on your query thread.
However, your statement, "i loved my husband and his family.could they do the same by supporting me" does not seem to be OK if you have the desire to punish your husband and his family members.
Anyway, if yours is not an academic query, you seem to be fighting your case in the court of law for the last 4 years, as you stated, "raised the voice on court after 3 yrs of marriage," out of 7 years of your married life, and must have hired a lawyer to fight your case.
So, what is the advice of your own lawyer, as he may be knowing complete history of the case and may also be having adequate evidence in your support?
If no lawyer hired so far, is there any specific reason for that, when you think the problem to be so serious?
You should know that in such sensitive cases, any legal opinion or advice can be based only on going through and analysis of the evidence in hand. Otherwise, in the absence of any valid and solid evidence, case may fail in the court of law and the advice, if any rendered by anyone may not become fruitful or can be treated as wrong.
As such, if not hired so far, better hire some local lawyer, discuss in detail with him by showing evidence that you have in your favour, including the medical examination, etc.
Please be aware, any purposeful opinion cannot be possible on any casual discussion of such a problem.
Aarti
(Querist) 04 March 2017
Thank u sir. I have hired a no of lawyers. Unfortunately my first adv died out of dengu.The second one was brieved by my husband. I had given money to the second lawyer to proceed the case in allahabad by another lawyer in his contact.whenever i asked questions regarding the case he said he is handling I need not to worry.later when he said that i dont have money as well to fight and moreover my daughter needs also needs money to have good education. He said u take money later dont appear for 2nd motion. Now when i say him that i dont want divorce he said that is not possible.His this very attitude again forced me to change lawyer. Now at presend my lawyer said that he can break the permanent stray. I fear that i am again not miss guided. Sir i loved my husband and i still love him, i jst want him and his family to realise they were wrong. I called him even, i made my daughter to call him, but he said that he is in relation with someone.i still dont want to believe him and if thngs happens i am ready to stay along with him.some says he needs pressure i too feel the same sir.may be if the permanent stray breaks off thngs may be right. This may be my wishfullfillment. I know thngs cannot go fine under pressure but sir its very difficult to quit the relation.i want to try to revive till my last breadth.if possible plz advice the legal proccedure to break the stray.
Guest
(Expert) 04 March 2017
Ms. Aarti,
It seems you have been profusely misguided by some people who said that he needs pressure, as you said, "some says he needs pressure i too feel the same sir." Their lip sympathy and wrong advice can only ruin your own life. You are required to distinguish between lip sympathy advice and a sincere advice.
First of all, pressures cause egoistic attitudes of others to come to the forth that spoils the whole game.
Secondly, if you say, "Sir i loved my husband and i still love him, i jst want him and his family to realise they were wrong," your thinking about punishing the whole family definitely can spoil the game totally, as any revengeful attitude don't bring positive results, rather hardens the attitude of the other party to adopt more revengeful attitude.
PRESSURE AND LOVE CAN'T GO SIDE BY SIDE.
So, only mutual trust can work, but that suggestion was disliked by you.
What I guess is that the problem can take more serious turn, money-wise, time-wise and botheration-wise, rather than getting solved, more so, when you also do not seem to have got services of some sincere lawyer.
Better switch over to some very experienced, but sincere and honest lawyer.
In all, you have the dire need to re-look about your decision vis-a-vis the status of the problem.
Samajhdar ke liye ishara hi kaafi hota hai. So, nobody can help what you and your parents can help by discussing the problem in positive way and to rethink how to proceed afresh.
I once again repeat, rest depends upon your own wisdom.
Dr J C Vashista
(Expert) 05 March 2017
Dear Aarti,
You have adequately been advised by the experts, for any further question/query you will have to rely upon the wisdom of your lawyer, engaged purposely by you.
Therefore, please stop this thread and consult your lawyer.
Best wishes
