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(Guest)

498a after divorce

I am married to a qualified person for the last five years. I have a son of four years. The whole family inclung my husband were very greedy right from the begining. I am having a good govt.job.They wanted me to hand over the whole salary to them without questioning which i did initially.However, I was still tortured on one ground or other.My husband shifted to other city soon after marriage and I was told 2 live with my parents as I was Pregnant and My MIL didn't want me to be there. She is very possessive and hysterical. I tried to normally maintain d relation 4 sake of child. I used to visit my husband at his place.He nvr caredabt d child and nvr helped me in upbringing the child, instead I used to give him money..Since I was earning well, I neglected things.Soon my BIL got married n his wife also had similar prblms n left the house. My husband started forcing me for mutual divorce without any responsibility of child. i refused for that. On enquiring I came to know that he was having illicit relationship with another girl in his workplace. He stopped calling me or evn talking to child n nw after a year he has filed for divorce on grounds of dissertion in his state on the ground that i last resided with him as wife at that place two years back.Though he had visted his home place thrice after that n I resided at his home as wife.

Totally shattered by his deeds, I now want to file criminal complaint against him at women cell...Can I do this???What effect it will have when divorce has been filed...What about the child's right???I am not interseted in anything for me nor can get it as I am working...Should d child not be given his rights??? It is said that child can ask after 18 yeras of age,so am I going to track him for 15 years so that child can file for his right???Impossible. I don't want to let him walk away like this. Any suggestions???



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 3 Replies

Adv k . mahesh (advocate)     29 June 2013

do you want divorce if not then contest because if you do not contest then it will be ex party order and thus your husband stays outside the state or within the state

About your child being a minor his care will be yours and he has every right to claim from the self acquired property of his father after he attains 18 years and also your husband can give share of the property he has right now and you will be guardian.

about 498a you can complain about the harassment but all the family members will be included in it and even your husband who is statying in other city is included in it and 498a is the medicine to the agony faced by you for all this years from your in laws and the desertion from your husband keeping illcit relationship with another girl and also if you can garner evidence of his relationship which will be strong evidence to show in the above case but if you want divorce take a alimoney may be it is not for you but for your child who is yet minor and in future there will be lot of demands to be fulfullied only from your salary so take alimoney and share for your child and also contact a local lawyer for more inputs 

1 Like

pravat (student)     29 June 2013

no one can take advantage of his own wrong.primafacie it appears that your husband is trying to take selter under false judicial separation.you can easily show that he had never tried to take you along with him in the last two years before filing for divorce.further you can very much file a case under 498a stating that your husband in connivance with his other family members are harassing you to the extent that a false case of divorce has been filed...........never furget to gather evidences of illicit relation ship,deliberate separation without just cause,physical assult,asking for dowry,cruel treat ments at the hand of in laws  etc to stenthen your case under 498a.   plz dont misuse as it may become boomerang.stick to the truth,GOD IS WITH TRUTH.


(Guest)

False divorce case maeans DIvorce on False Grounds...Wherein Evrything a wife did for her husband was put back on her saying that she did  n this is mental Cruelty. Not a proper forum to disclose d details.

N what u want 2 say....A person gets married...produces a child.....Does nt take any responsibilty of child evn for a day....n then after finding a NEW ONE.Asks for DIVORCE on false grounds.......Totally constitutional??????GReat????

Govt Job...Husband had been eraning thrice d amount d wife is earning...EVn then he wants wife to handle all the expenses of d child.....Should any JOB...EVEN IF PRIVATE can be left for someone like this??????????????????????I wud have loved 2 resign had I got evn half d support...

N LAST....MR.NEED JUSTICE>>>>DON't MAKE ASSUMPTIONS......that too on ur personal experiences...THIS IS A LEGAL OPINION SITE....WE are HERE FOR LEGAL OPINIONS....U shud not try to make judgements...Court is there to DECIDE AND JUDGE....ONLY A WEARER KNOWS WHERE A SHOE PINCHES.

Had I any intention to complicate things I would have filed 498A long back...But I kept quite...Filing 4 divorce on false gropunds as per his conveinence wud irritate anyone...

N child Support?????U r forgetting that mother is Fully taking care of child for last 4 years.....No one CONTRIBUTED.n filing for his contribution....will that change my son's psychology????

It HAS Always BEEN DIFFICULT TOM PROVE ILLICT RELATION....U can't prove evn if they start living togeather...

N LAST BUT NOT LEAST...Don't MAKE PERSONAL ASSUMPTIONS/JUDGEMENTS....EVERYONE IS HERE FOR LEAGL OPINION.

 

 

 


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