Seek for divorce from husband

Dear Sonal,

First of all dispel any notion from your mind that if your husband doesnt want to give you divorce you wont get it, if cruelty is proved then you can get divorce from the court by filing a petition for divorce. It would take a long while, but it is still better than such a abusive relationship. With this also file for maintenance. This would help you sustain yourself financially and would provide litigation expenses.. If there has been torture for dowry - file criminal cases u/ss 498A (Cruelty for Dowry) /406 (Criminal Breach of Trust aka Misappropriation of Istridhan), and a civil case for domestic violence, you'd be having a right to reside in your matrimonial home (if you wish to).

Good Luck !

@ Sonali,

The previous self-solution was to have shifted to natal home during pregnancy and looked after the child and mother. However if not done then based on facts before us make up your mind if 'divorce' is right solution instead of suggesting him to shift to nearby shared household instead of joint family ! Well most men are mom’s boy! Nothing new nor special about it so are most girls are dad’s girl. Post marriage when a woman comes to matrimonial home she has to adjust with adjusting family in proportion. If not being done then suggest to shift nearby and with your contribution start nucleus family in harmonies is best metro lifestyle approach now-a-days instead of Court sightseeing. Many ignore these that time will take a rolling tide and everything will be allright. You cannot change 1000 year old custom nor Legislature could change as their mindset is still under medieval customs (refer to one of my old article on what our legislature thinks about matrimony for clarity)


If such efforts fail then seek help of an charming advocate and sit with a good petition writer and factually mention incidences of cruelties and done with it. If it takes 3 years or 7 years should not come in your way as you have already made a informed decision to snap the ties. If you spread emotions and sentiments that Hai deva re deva mere saath his sabse bura hua hai then retroactive society will weep in unison to such extent that Delhi’s drinking water problem will be over during summers, hope you get it J


Concerning maintenance if  your earnings are not enough to sustain same living standards that you used to enjoy during subsistence of marriage then apply under civil laws and seek maintenance for your self during the proceedings as well as litigation expenses.


With regard to old parents well bluntly both sides have old medico parents in normal homes so nothing special on emotional grounds we hear that only a women’s parents are old medico cases to consider in usual pleadings. It is a fact let us leave the fact thereto as today’s youth do get to old age eventually hai ki nahi J .

Time should not come in between final resolve as to what softer manageable gift you want to give to your current issues. Criminal laws tend to distant two people nothing else and bring sin more tension to women in regard to if he is returning my maiyaka wala bundi ka tops when I file S. 406 IPC or not or is the stuff that he has returned during bail hearing is real gold or silver wala hai sirf gold platting kit hi usney and so on so forth……..


Criminal law usage is often opinioned but in internet queries the disadvantages is that they tend to be melodramatic devour of facts which is hallmark of in-chamber discussions (consultations) to use them or not. They tend to pressurize other side and in turn make a hole to your purse on legal fees and eventually most of these cases end up in Mutual Consent.


Prudent advocates approach has always been to use civil laws to the maximum and distribute laddoo of patience as it also lead to Mutual Consent eventually. And there is less burden on a working women’s purse too on multiplicity of cases and thus she ages gracefully in society J   


Akhir mai choice apki hai

Dear Law Experts,

I read your all points. I had discussed with my family & come to the conclusion that we will ask for divorce by mutual concern. We have hope that my husband will agree for Mutual divorce. 

1.0 I listen that i will get mutual divorce within minimum 6 months from the date of seperation applied in court. Is that so...?

2.0 But me & my husband is already not staying togather from last 7 months ( Jan 12 to June 12). Now July month is going on & i applied for divorce to "Mahila Ayog". They are handling my case. I am not ready to carry on this matter in court for another 6 months.  Is court consider our 7 months  (Jan 12 to June 12)  as seperation period & relive me by geting divorce in next 2-3 months...?

No.

1. Minimum seperation period is 1 year.
2. Pull your case from Mahila Ayog and Chamber consult with an Advocate who follows "dharma" then you will see a bright light !
[Good to know he is agreeing for MCD :-)}