Ginny (others) 29 January 2012

Pls help, need justice and advice

Hi, i got married in 2007, it was an arranged marriage. My husband and his parents were treating me very badly and i was abused and harrased in their huse.My husband used to get his girlfriends and sleep , but he never slept with me. I did not complain my parents, thinking tht everything will be fine. In 2008, i could not bear the suferings and one day he and his parents threw me out asking for 50 lacks dowry.

Since then am with parents, they are taking care of me. My husband did not even care about me later and nver came back to take me. I was in hope that someday he will realise his mistakes and come back. In 2010, have applied a divorce case. In my marriage we did not have any such relationships. Now the case filed is on basis of cruelity/dessertion/non consumation of marriage.

How do i prove that we dint have any relationship in my marriage, since i can not prove my virginity.

How can i prove that he was getting his girlfriends home and sleep with them. I do not have any proof, its just i have seen with my own eyes.

Pls advice.

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9 Replies

adv. rajeev ( rajoo ) (practicing advocate) 29 January 2012

When you are unable to prove your virginity then deny the non consumption of marriage. YOu take the extra martial relationship of your husband in your objection.You hve got so many remedies against your husband, so meet your lawyer he will guide how to deal with the cases.

1 Like

basavaraj shiromani (Advocate) 29 January 2012

Your marriage was solemnized with your husband. You have filed a divorce petition. Why you are asking to prove the virginity. better you go for interim maintenance in the pending petition. eventhough you will get alimony after divorce also. basavarajshiromani5@gmail.com

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(Guest)

If whatever you have mentioned is TRUE, then you can easily get the divorce under CRUELTY and Desertion grounds, However if you want to take revenge from your husband and his family then there are various ways you can make them go through HELL, since Indian Legal system is very much Biased towards Indian Women whom they call as 'Abala Naari'

You can file complaint in Women Cell for Dowry harassment, File for interim maintenance under Section 125 CRPC & File for Divorce case as well under which also you can claim for interim maintenance under Section 24. You have lot of rights, and its upto you how you want to fight.

You dont have to prove that you and your husband didnt consummate or your virginity, Mere saying this by you is enough......

Now the ball is in your court, If you have the courage and guts then show them the HELL.

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Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 29 January 2012

Don't bother about the virginity aspect of it. It is archiac - and most irrelevant. Not being a virgin doesnt meant the marriage was consummated, and on top of that there is no test of virginity available, and even if there is - the courts won't approve of it.

In the factual matrix - it's better if you pursue the adultery/cruelty grounds more vehemently since you'v got a good case on that count. Apart from that as the members have elaborated aforesaid you've got plenty remedies. You have to take the call now

Feel free to seek any clarifications !
Warm Regards
Bharat ChughAdvocatebharat.law06@gmail.com/9810553252
*Let Justice be done though the heavens fall !

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Dr J C Vashista (Advocate) 29 January 2012

Rightly advised by above learned friends, consult your lawyer, virginity has become irrelevant, non-consumation of marriage, cruelity, desertion and demand for dowery are sufficient grounds for a divorce, seek interim maintenance, if you are not working.

1 Like

basavaraj shiromani (Advocate) 29 January 2012

In fact your your husband will be the victim if you take the suitable action and if at all the facts pleaded by you are true

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Aishwarya (Teacher) 29 January 2012

go for amicable divorce..why waste time in filing cases..and running pillar to post seeking justice at the cost of money and mental frustation that would come along going courts n running after lawyers..

just save this moment and move on in life ..let it go and make ur life better from now on

..the money u will spend on lawyers and cases could be rightly used in pursuing other goals like education, or doing some other work..save ur parents hard earned money...

All in all its ur call ,what u have to make of ur life and the decision u take now will decide ur time and future..

1 Like

Ginny (others) 30 January 2012

Thanks for your replies.

Forgot to mention, my husband has filed a conjugal rights case on me after i filed divorce case.

I really want to make his life Hell as he ruined me. Can I file application for maintainance now and also a dv case on him and his family.

Bharat chugh sir, i could not tel my lawyer that am not virgin, thats my lawyer also filed case based on non consumation. But its true that i did not have any relation with husband.

Will this be a problem?