Cruel behavior of my husband & inlaws
Ekta
(Querist) 26 November 2013
This query is : Resolved
Dear team
Myself Ekta got married in April 2010.We had been told that my husband amit is well settled in italy & did his mba in hotel management from Switzerland and I will be moved to Italy after 3-4 months of my marriage. But the sitaution turmed after my marriage. The behaviour turned rude whenever I asked when i will shift, then they asked me to arrange money ( 5 lakh) from parents to move me from India to Italy. We did the same still they denied to do th esame & turned me out oftheir home & said when my husband wil come back to India, then only come & my hsuband also stopped communicating to me.
I came to my home in Dec 2010 & so many panchayats & meetings have held up but they asked for so many demands & conditions which me & my family could not fulfilled. Then my husband approached me in aug/ sep 2011 & asked for reunion. My parents agian sit with them & clarify that we can not fulfill your greediness & as well your son will not go abraod without her & ours consent & both will remain tgether & our daughter will continue her job likewise as she does & I went agian in Nov 2011 ( after 11 months) , my parnets again did a big function & sent me with gifts again.
But after 10 days, his & all behaviour again changed & my pregnancy was confirmed in Jan 2012. But they forced me to abort & tried every level to kill me & my baby. ABove all they were plotting & making arrangements to send their son abroad. and in June 2012 ( advance stage of pregnancy) his father had disinheritant me, his son & the baby who did not even come to earth.Then I dialed up my husband & he said who are you & gain stopped communications with me. Looking in this, I wrote simple application to Italy embassador. Women cell to stop him to move from India.I delivered a baby boy on 8th aug 2012 & before that on 7th aug I went to my inlaws & no body was at home . They had locked the home . & i received summons in hospital from his father as mandatory injunction ( not to enter his home). I accepted & filed my reply too. His after had shown that his son & me was not staying at their home & rather staying on rent which was totally fake.
My husband applied for new passport on the Father address & threatened me that he will fly. Then I filed a case against him in Yamuna nagar on 5th feb & they had been arrested & now case is going on. He now threatning me that he will take away my son.
Please advise!
ajay sethi
(Expert) 26 November 2013
dont worry you wont loose your son . court will award you custody of your child as he is hardly one year old . file DV case against your husband and in laws . claim right to stay in shared household or alternative accomodation
ajay sethi
(Expert) 26 November 2013
you can also claim compensation and also maintenance from your husband
Ekta
(Querist) 26 November 2013
I dont want same. but you know my all things ( ornaments etc) are with them & on sake of recovery they had given few items which are also destroyed one. Shall I need to put a case for revorey of articles.
ajay sethi
(Expert) 26 November 2013
in your Dv case you can claim the same or file 498A case
Ekta
(Querist) 26 November 2013
ya, as i mentioned above we have filed 498 A case
V R SHROFF
(Expert) 26 November 2013
So you filed 498A " break the house, non returnable"
u can get all benefit of residence & protection order in DV+ go for custody in FC.
Ekta
(Querist) 26 November 2013
sir, i am fighting for truth & need justice. He harrased me mentally as well physically also hurted my conscious.
Ekta
(Querist) 26 November 2013
based on above facts, please advise, how strong I am in winning this case
Rajendra K Goyal
(Expert) 26 November 2013
All the claims have to be proved in the court beyond doubt, you can succeed.
Ekta
(Querist) 27 November 2013
one thing more. As I am working & staying in delhi, in case if he files an application to meet my son , will he has to file fro delhi. Please advise
Devajyoti Barman
(Expert) 27 November 2013
Yes custody case is to be filed where the child is residing. However if any matrimonial suit is pending in other city then he can pray for such relief in that court only.
Devajyoti Barman
(Expert) 27 November 2013
And yes for maintenance and compensation you can file DV case unless you earn a handsome earning.
Ekta
(Querist) 27 November 2013
Ya, it is happening in Yamuna nagar but, i dont want even he files an application to met him but I can stop him but how I could prey to shift to delhi in case he filed from ynr
Ekta
(Querist) 27 November 2013
Shroff sir, please reply
Ekta
(Querist) 27 November 2013
ajay ji please reply
ajay sethi
(Expert) 27 November 2013
dont worry . even if files application for custody court wont award him custody as child is one year old . however he is entitled to visitation rights
Ekta
(Querist) 27 November 2013
thanx, but he even was not there at the time pf birth & till date has not seen him . still he has rights? and also tell, can he file from other than delhi as I ma working & staying in delhi but my parnetal house is Ynr and I filed 498 a case against them from there
ajay sethi
(Expert) 27 November 2013
he is father of child . he has rights . if child is in delhi he can file application for custody in delhi .
Ekta
(Querist) 27 November 2013
ok,, buy that father tried to kill him & me & even thrown out from his home. Still our law permits it, I don't agree . Cant i do anything in return
ajay sethi
(Expert) 27 November 2013
if you are able to prove that father tried to kill his child court wont award him visitation rights
Ekta
(Querist) 27 November 2013
ya, I don't have proofs but before my delivery I wrote one application to Italian embassy as well to Women cell that he is beating me as well forcing me to abort the child. and in between I mean during advanced stage of pregnancy he with his family had given me stress too as his father disinherited me, his son and my son who did nt come to earth, Further on 7th aug ( i delevered my son on 8 aug) his afther agian send me summon to not enter his home and stated that his son is not staying with them & further his son applied for new passport with the address of his father & police enquiry ensured for same address. I think these evidences are strong enough to show how cruel they were to me during my pregnancy to force miscarrge due to stress as being educated & working they were not able to beat me regularly .Please advise.
Devajyoti Barman
(Expert) 27 November 2013
These are relevant for your case but not for the custody case. You can not stop him form getting visitation rights.
Rajendra K Goyal
(Expert) 27 November 2013
Engage good lawyer he will put all the events with required / available proofs in presentable manner before the court, so that you get positive benefit of the same.
Ekta
(Querist) 28 November 2013
Now he is dialing my every friend & colleague & giving vague comments. How I can stop him , I am mentally stressed
Ekta
(Querist) 28 November 2013
i am waiting for reply
Devajyoti Barman
(Expert) 29 November 2013
File defamation case then, it may be either civil or criminal.
