Help required urgent- plz help- domestic violence divorce
Mitali
(Querist) 25 August 2013
This query is : Resolved
Respected Sir
I got married in 2008 and separated in 2010, but not yet divorced. Reason: Regular Mental harassment and 2-3 incidents of physical beatings due to which i took such extreme step.My family members tried to resolve, but he did not mend his ways. He is a lawyer and has filed a case of dissertion against me.I came to know from someone about this as we didnt receive any summon as me and my family has shifted from our hometown long back.
My parents called him up but he refuses to meet. We are in tight monetary condition and dont know about legal proceedings.Nor do we have so much time to fight legal cases as my we live in a different city.
We want compensation, atleast what was spent on my marriage and out of court settlement.
I find myself alone and helpless- Please guide me.
Regards
Mitali.
Devajyoti Barman
(Expert) 25 August 2013
If he gets divorce ex parte, you are unlikely to get compensation soon.
For this you have to file case for maintenance which you can do by filing in your city only.
Rajendra K Goyal
(Expert) 25 August 2013
You can file case of domestic violence for the violence, maintenance case and case under DV Act in your home town. Contact a competent local lawyer.
V R SHROFF
(Expert) 25 August 2013
Mitali,
As you are SELF EMPLOYED, you are not likely to get any maintenance.
You can demand residence.
Better go for Mutual Consent Divorce upon payment what compensation u demands.
Mitali
(Querist) 25 August 2013
Thank you so much Experts.I have discussed all your suggestions with my parents. We will take action as I have gained some confidence. Thanks again..
Kindly resolve my following queries as well so that we are clear for some things before taking any step..
1)Am i not eligible for a share in his property?
2)Can i claim maintenance from retrospective effect. As of now, I am not not employed.
3)My parents once tried to arrange a known lawyer at my inlaws hometown,but when he came to know that my husband is also a lawyer working under renowned Sr.Lawyer, he refused to take u our case. Can I ask for Public Prosecutor? What is the procedure for this.
4)Can such cases as mine be put on fast track. I am scared of lengthy court proceedings.
Thanks once again.
Regards
Mitali.
ajay sethi
(Expert) 26 August 2013
1) you have right to stay in your matrimonal home don thave right to his property .
2)you can claim maintenance if you are not working but not from retropsective effect
3)you dont eed public prosecutor . no shortage of lawyers in india
4) you have to wait your turn . DV cases are disposed of in 3 years
Raj Kumar Makkad
(Expert) 26 August 2013
Well advised by experts so no more to add.
Mitali
(Querist) 26 August 2013
Thanks once again to all Experts.
I will do the needful as per your guidance.
Regards
Mitali.
