Guidance
Username12345
(Querist) 10 March 2016
This query is : Resolved
Hi Experts,
Need your urgent advice.
In my 10 yrs. of marriage I have stayed with my husband for 3.5yrs and from almost more than 7yrs he is absconding. In these 3.5yrs I was tortured physically and mentally by my husband and FIL a lot. I have a kid who is 7yrs old and he is with me as husband is absconding. After 4 months of marriage they started torturing me for petty reasons and money issues that I get from my parents for them to buy assets and that the dowry which we gave was not sufficient for them and they lost a good match because of me who was going to give them 10 lakhs.
I was mentally tortured stating that gas pipe will be removed or kerosene will be poured on me and will tell that I committed suicide or they will cut each part of my body every day or I will be tied to the tree and not given any food. I wasn’t allowed to call my parents and my parents not allowed to either call me or come to meet me, phone was always locked, me and my kid not used to get proper food, I was not allowed to go out of the house or not allowed to talk to anyone in the neighbourhood.
They used to beat me very badly that once I had a miscarriage at home due to the beatings. Second delivery was also very critical, me n kid were both in ICU. Kid was in ICU for 25 days. Even after the kid's birth nothing changed. One day they beat me as rice got spoilt. I was beaten so brutally that I thought I’m going to die for sure. Next day my relatives had to come to see me (my parents were in different state). We went to file FIR but police just sent us the next day for counseling in the CP office. My wounds were clearly visible and the officers there scolded him a lot. They took in writing from both of us that we attended the counseling and remaining will be seen in the police station. But police didn’t even send me to hospital even though I requested for medical. SI told me to go and have a pain killer and I will be ok the next day.
After that a meeting was called in the village Panchayath (as my uncle requested to the Sarpanch) wherein they couldn't tell any reasons why they used to beat me. All reasons given were petty and everyone laughed at them for those reasons. At last my husband told my parents that I am mad, I have BP Diabetes and to take me and get treated. He promised he will come after 3 months and take me. The Panchayath meeting was called the next week. None of them came and we tried to contact and get a hold of them for 2 months but all trials in vain. At last we got hold of the person who was acting like mediation who was their relative and he told me to go and husband will come in 3 months. Respecting the elder person I went to my matrimonial home and 3 months became 3.5 yrs. but no response from them.
I tried texting him by SMS, emails, letters, calls, giving message to neighbours and relatives but all waste never got reply from them. In fact my husband went absconding I didn’t know his whereabouts. His father just kept on saying he doesn’t know and misguiding us. Also if we went to talk he never allowed me to enter the houses, had fights and used all rubbish language which was filthy. After trying for 3.5 yrs. I filed a FIR in their village. One of the lawyers in their village misguided me saying that he will help me to get out of these issues in just 7 days. But just took money from me and stuck me in filing cases there which I could have filed in my matrimonial place. We filed 498A and DVCC. ITs been 3.5 yrs. and DVCC still going on and is at the stage of my cross questioning which didn’t happen till now.
I’m terribly under lots of pain as every time I have to travel to a different state plus not getting proper help from the lawyers there. I have changed 3 lawyers till now. First one who got me stuck, second who was interested in pulling money from me and now got elected in Lok sabha elections, third lawyer is the present lawyer who always speaks very rashly and I don’t find him guiding me properly. In fact I feel he has joined the opposite party and just tries to know what will be my next step. I told the lawyer to speak to the opposite party and try to get the matter settled outside of court as travelling is really difficult for me.
Right from the start I keep texting my husband for birthday wishes, festival wishes, informing about the kid's health if he was not well (once admitted in ICU), telling him he can come to visit the kid and no one will stop him, asking about his wellness. I didn’t get any reply from him till now. 1.5 yrs back I decided that i don’t want to live with guy and want divorce. No one helped me so I texted him stating that there is nothing we are going to gain from court proceedings. Lets sit together deicide and file for mutual divorce and get out of this so that both are happy. But the opposite party manipulated the sms and added some more content that I was threatening him. In none of my message have I sent any threatening text instead I loved him a lot even after all this. Till now never thought that something bad should happen to him. I have filed case just to get my rights and proper justice from the court.
The opposite party lawyer showed all the messages to my lawyer and my lawyer not at all listening to me but just trying to get rid of me ASAP. Now I don’t know what to do as lawyer is playing games. Secondly I don’t have any evidence of domestic violence as this happened within the four walls of the house. I tried to get copies of the counseling that happened in the CP office which will at least show that I had wounds on my body. But in CP office it seems they don't maintain any such data for counseling. I checked in the police station and SI too told the same thing. I am shocked as to how come these Government bodies don't have any records of what had happened.
I consulted one more lawyer in my matrimonial place and he asked me to file Divorce and Maintenance together. I do not have my husband's address as he is absconding and has deserted me. I came to know that he got remarried but no one is helping me to get the proofs. Also somehow I traced the company in which he is working but they too not helping me. I am in serious pains and my life has become miserable. Even though I am B Com I am not able to do job because of the health issues which came because of stress and physical torture that I had gone thru.
Recently I had a major surgery of the uterus and its seriously difficult to travel so far and not earning anything. I am depending on my parents for every single paisa. I have a school going kid and he hasn't seen his father yet. I regret on being born as a woman in this country and writing this on Women's day all this,
Please pleases advice me. I want my case to go on fast track and also to get divorced ASAP. Please give me suggestions.
Thank you.
Gopal Verma Advocate-on-Record
(Expert) 14 March 2016
It seems your marriage has irretrievably broken down and there is no scope of reunion. You can surely get the divorce soon.
Rajendra K Goyal
(Expert) 15 March 2016
Too long query, Please submit brief material facts.
