sexual exploitation against husband .
Querist :
Anonymous
(Querist) 08 May 2011
This query is : Resolved
we were married in 1999. then there were probleims. so we remarried in 2001.but in 2004 he filed a divorce case .we also had a baby in 2003 who is now with me. he has not turned to his daughter once sincce her birth. now after 7 years he is taking his petition back. this man has made mockery of the institution of marriage. whenever he wantede he used me ,then threw me out ,now he is taking his case back. i feel i am being used.
my qyery :
can i still file a case of sexual exploitation against him now.
Guest
(Expert) 08 May 2011
What do you understand by the term "sexual exploitation" and how you intend to prove against your husband?
Sexual harassment in India is termed "Eve teasing" and is described as: unwelcome sexual gesture or behaviour whether directly or indirectly as sexually coloured remarks; physical contact and advances; showing pornography; a demand or request for sexual favours; any other unwelcome physical, verbal/non-verbal conduct being sexual in nature. The critical factor is the unwelcomeness of the behaviour, thereby making the impact of such actions on the recipient more relevant rather than intent of the perpetrator.
PLEASE CHECK, if any of the acts of your husband falls within the scope of the above explaination.
However, if you don't like your husband should withdraw the divorce case and don't want to live with him, you can file the same from your side.
Kiran Kumar
(Expert) 08 May 2011
really a sorry state of affairs for you, technically your case may not fall in the category of sexual harassment but if the facts are to be considered true then certainly you have been exploited to a larger extent.
I think there must be some psychological problem with your husband.
if you can prove his erratic behaviour then you can also proceed with the divorce proceedings separately but your stand in previous litigation may create trouble for you.
it will be better for you to discuss the matter at length with some good local lawyer so that he can analyse the whole situation keeping in view the facts and relevant documents of your case.
N.K.Assumi
(Expert) 09 May 2011
Agreed with the views of Dhingra and Kiran Kumar. Question of sexual exploitation does not arise in marriage with a child born out of marriage.
s.subramanian
(Expert) 09 May 2011
Marriage puts an embargo legally upon such claims of sexual harassment.
Guest
(Expert) 09 May 2011
your query is fall within the ambit of cruelty for getting divorce from your husband and also you can claim maintenance from your husband
Querist :
Anonymous
(Querist) 15 May 2011
I am a govt officer married to an enterprenour in 1999.in gurudwara. some problems arose and we could not declare our marriaage. after resolving we again got remarried through court and hindu vidhi in 2001.the problems again aroused but i kept comprising and also produced a child (girl)
in 2003. sooner the problems aggravated .i took my posting to stay with my husband but to my surprise . as soon as i landed in the city ,i was handed over asummon for divorce
. it was shock for me. i never got a hint of his motive. i was not talked or discussed about this.
i found out that he has filed for divorce hiding my first marriage of 1999. since the i have been fighting against his petition trying to prove that he has filed a wrong case and misled the court.in 2009, i got posted out. so i filed another petition asking for expenses for travel and self maintenace as i am earning less than him.(this we have presented by presenting his IT RETURN which show his annual turnover of 1 crore. )
in 2010. he suddenly applied for withdrawl of his petition and also got the orders passed onesided just one day prior to our hearing .
we applied against judge's onesided decision and after one year in may 2011 the judge has recalled his decision and found that he has hidden several facts fron court and the other party has the right to be informed and has reopened the case for discussion.
.now they are threatening to go to high court against this decision.
in my last hearing in last week. judje has told both parties to try and resolve the isuue. we have talked once.
my query :
1. they want to do one time settlement by paying cash of 1 lakh. what should be my condition . i do not know anything about divorce by mutual consent .is there any paper work required .
2.he says either take this amount or give me the daughter.or linger on.like this.
3. sir ,i want to protect my daughter's financial rights.
4.please guide me ,how much i should ask him to pay?and what conditions i shuld put so in future me and my daughter shuld not be in trouble.
5. my lawyer says ig this case goes on a,then we will win self maimtenace of at least i lakh.. what if i fight this case like this ?
6. i have not applied a seperate case for divorce yet neither i have filed any case for maintenance of child, : shuld i do that.
7. sir i am a government officer and unable to cum everytime to fight the ,right now my father is looking after . but i sincerely do not want to start another case and linger on .who will fight the case after my father.as i am bound by my duties and unable to come everytime to follow my case.
8. i feel as if he is taking benefit of my this government job. .
i want to get out of this relation ship .he has not even once looked after me since marriage(neither financially nor emotionally ) and never even bore the responsibility of father (neither financially nor physically.)
i feel used physically and emotionally blackmailed.
