Living separate for career maintenance expenses
Riya
(Querist) 08 December 2016
This query is : Resolved
Hi, I am 29 MBA girl married under HMA. U had tolerated the mental and emotional torture for dowry for 8 months of my marriage. Then it started getting physical for first two incidents I have forgiven them. But the last time when my husband gone extremely abusive for me and my parent, forcing me for sex and on deny, physically hurted me as press neck, strangling my hair, pushing me through wall and bed, and during this he pushed the door that actually broke the handle and hunted me badly. There after I am living with my parents. It been more than a year but he never called and never came to take me home. When my parents asked to come and talk he and his parents are just postponing. We talked to a lawer but he said that for domestic violence and dowry I need to proof it via some audio video or written things and for physically harassment we need to have the medical reports. Otherwise you can not file a case. Infact if it completes two years,my husband will get the right to divorce on grounds of desertation for no reason.
So, we decided that I will go back to my matrimonial house forcefully as I still have right to residence, and claim my stridhan.
Now the question is about this - - - - after leaving the matrimonial house after 3months, I started a job. Now as I am still insecure at inlaws place. I don't want to live my job. I may go on weekends to inlaws and husband. For rest I can live in other city for career. Now can I legally claim my husband and can bound him to pay for my food and cloths and rent and travel for coming to his place every week.
Anish Thakur 7018812737
(Expert) 08 December 2016
For filing complaint under domestic voilation act and dowry harassment case under 498 a , the statement of wife alobe is sufficient to register the case. no police officer can ask for further evidences . feel fre eto call for more details
Guest
(Expert) 08 December 2016
Ms. Riya,
Why to depend upon the mercy of the husband, when, being an MBA, you are capable of earning your livelihood?
However, if there is a vast difference in income in comparison to your husband, only then ask for appropriate compensation, as maintenance.
Of course, filing a case of domestic violence is purely at your sole discretion, but in that case, hope of any patch up of relations in future can be dashed, even if good sense prevails upon your husband and in-laws.
Ms.Usha Kapoor
(Expert) 08 December 2016
He appears to be violent from top to bottom. May be a Psychopath. THE are100% liars and clever actors. THEY don't have attachment for anyone.You better proceed to divorce him on the grounds of cruelty, mentally unsound suffering from incurable psychopathic disorder. This is anti Social personality disorder. There Is no security in their hands, There would be loss of limbs and life at such a person's hands.Psychopathic disorder can be proved by blood tests and MRI scans,If you appreciate this answer please give me all my profile likes.
Kumar Doab
(Expert) 08 December 2016
There are many threads at LCI from harassed man and woman's side.
Invariably it is suggested to save the marriage.
This is the best recourse.
Kumar Doab
(Expert) 08 December 2016
Remain vigilant with such person of such abusive character.
You can not trust an abuser.
He has not contacted you for a year.
His family has been postponing.
You need to account this factor.
Apply your own judgment.
Guest
(Expert) 08 December 2016
If you find your relations to be unpatchable in any way, besides divorce, you may also claim back your streedhan.
Rajendra K Goyal
(Expert) 08 December 2016
Try for amicable settlement, if not possible file cases of Domestic Violence and dowry harassment at the place you are living.
You can claim your stridhan.
Discuss with another lawyer.
Sankaranarayanan
(Expert) 08 December 2016
Yes my opinion also same that ball on your court , if it beyond the level then follow the advise as suggested by the experts
J K Agrawal
(Expert) 09 December 2016
Thanks all the Experts, advised legally. My illegal advice is that we should find out 'what is root cause of problem?'
May be the Facts are one sided. As it appears not possible that a person with family do not respect a marriage. Did you ever talked about this problem with sisters, uncles, Bhabhi, Brothers, Bhua, Mausa, Mausi, your dewar, Jeth, and other relatives of husband? Are all rude and help less? If there is not a single person in your laws who is support of your side?
If so, please re-check yourself again.
But really those persons are so, it indicate some another problem. That is change in social engineering.
Now a days the girls and there parents prefer such a match:-
1 He should be only son. (So that property not divided among others)
2 He should be living separately from parents.
3 He should not give his earnings to anybody else. (Means his parents should not be dependent upon him and he should not be having liability of younger brothers and sisters or any body else)
4 He should be living in Big City only. (Because in small villages there is social disturbance on wearing cloths)
5 There should be every ease to live as wish of girl. (means no interfere in life by any body required.)
6 There should be no control over life of the girl. (Means her thought are supreme and others opinion have no value)
I do not say it is your case. It is General tendency and If todays girls and parents do not want interfere, the others also do not want interfere.
Sorry for interfering you.
Dr J C Vashista
(Expert) 09 December 2016
I agree with the opinion/advise of expert Mr. J K Agarwal, Rajendra K Goyal, PS Dhingra and Kumar Doab.
I would like to add you must introspect yourself for the incident(s) instigated by you, wherein you are equally responsible for such a behaviour by the husband as alleged.
Well qualified lady (an MBA) is not allowed to be a burden on husband, there are number of judgments including a recent judgment (September 2016) of Delhi High Court delivered by Justice Pardeep Nandrajog and Justice Sunita Gupta.
The author has irregularly been posting such academic, hypothetical and fabricated debates on this platform.
Guest
(Expert) 09 December 2016
Mostly the fault lies on both the sides on one or the other aspect. Only single side cannot be squarely blamed for marital dispute. So, I don't think Ms. Usha Kapoor's one-sided emotional views can in any way be justified without knowing the views of the husband side.
Guest
(Expert) 09 December 2016
Dear Mr.J.K.Agarwal you had Posted in Your First Sentence " My ILLEGAL ADVICE IS THAT"What is that Please
Guest
(Expert) 09 December 2016
In my opinion, there is nothing illegal in the views of Shri J.K. Agarwal. That can safely be termed as non-legal preliminary or pre-legal views with the intention to know the views of the other side also.
Kumar Doab
(Expert) 09 December 2016
The parleys thru neutral persons from both sides OR atleast one person can help to diagnose the root cause.
In my opinion also proper diagnosis is precursor to proper therapy/treatment for full cure.
Knowledge of medicine come later.
Rajendra K Goyal
(Expert) 09 December 2016
Discuss all aspects with a senior lawyer.
Try to save marriage / have amicable settlement in priority.
