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Domestic violence plus homelessness

Page no : 2

N   01 November 2017

Spot on! Indecision is killing me. Plus an empty house. I am trying really hard for a job, only time will tell. If you ask me, I am finding it difficult to accept abandonment.  Sometimes , Mother , then father , then husband.I have lived with losses all my life , now when i am 40 frankly i am finding it hard to deal with thie emotional crisis. It has become so difficult to focus on anything now. Like I said , trying but the fear of not being able to find something and the future is eating me from within. I wish i could move out too or have a place to go to. With this marriage in 2013 I gave up everything( financial independence, job , everthing) now being left alone is definitely taking over all feelings of standing up. I am sick of restarting my life forever. Too much restarting kills. But please accept my gartitude for offering balanced advice in these times. Really appreciate it. 

Samir N (General Queries) (Business)     02 November 2017

We are going beyond legal guidance but here is my two cents advice and its always a pleasure to philosophize.Whats wrong with 40? Just a number. You can always restart. Watch 'The Verdict', its a Paul Newman classic. In case you are stuck on this issue of looks... Go to Gym, diet, etc. 

Abandonment by those close to you is usually a blessing in disguise. A bit of introspection should be done though.
But with less attachments comes more flexibility, if you want to restart. The older the age, the cooler it is to restart. 
You have the benefit of more experience and a lot less to lose. Look at the glass as half-full.

As for dispossession, thats just in your mind. Make sure you have evidence of possession. Photos in flat with acquaintences, neighbors, with possible calendar behind. Tape recordings with husband will help. Pay utilities with your cheque. All this, just in case you end up in Court over this issue... Make him aware of relevant sections of the law I cited regarding dispossession. Still concerned? File a NC with the Police Station that you are afraid of dispossession. Limit the NC to that issue. Prevention is better than cure. Problem over. My bill is in the mail -:)

 

 

N   02 November 2017

Hi Samir, 

Thank for your kind words. I do have recordings , what is an NC? And what’s liming NC to that issue? You say you’re not a lawyer but you sound more than 100put togtehre:) am trying fr a job desperately at the same time worried, if he sells this house I will be in the road if I do not get a job in time . I hope you can understand the anxiety. Plus now the security guards servants around have started talking too, saying her husband has left her. I do feel dispopointed that he had the option on going back to his parents however I do not and that pain is still there. Living in isolation is killing me. I don’t know what to do. I benevr expected this from him for whom I have given up everything. Anyway. My mistake in 2013 when my desire to get married to him outweighed my career and independence. At some point I take responsibility of my decision but I feel cheated. In the past I have been hit, abused, all of that keeps circling my head and naturally I keep comparing things that what has he given up for me? Now he is going around telling people he has given up his house, knowing that this is not house or home it’s a shelter for me. All big talks of taking care of me etc I don’t need to work has gone down the drain. I feel like somebody made me climb a tree and now has taken the ladder away. 

Sorry for the output but the heart and soul are badly stabbed....

Samir N (General Queries) (Business)     02 November 2017

what is an NC?  NC stands for Non-cognizable offense. A police officer registers it but you must have some reason to file it. There will be no investigation. Your husband will not be called. It is just a precautionary step.And what’s limiting NC to that issue? It means do not register a complaint beyond this issue.  Do not complaint about cruelty or other issues. Just say that you are separated and concerned that you may get dispossessed. Get something from them that is proof that you had approached them with a concern. if God forbid, that event occurs, you have something to show them.   

If he sells this house I will be in the road if I do not get a job in time  On whose name does the house stand? Was it bought during your marriage?
Even if he sells it, the buyer will have to go to Court to dislodge you and you can then seek to cancel the sale deed unless your husband provides you with alternate acco claiming that your husband had promised that this was the house you were going to keep forever. In any event, no genuine buyer is going to buy a place when he is not assured of possession. And if the sale is fraudulent, it is easy to prove. Will come to that when that event occurs... Do not get bogged down by possibilities. 
You say you’re not a lawyer but you sound more than 100...  I went through a nasty divorce.  Overseas residence and citizenship made it even more difficult as I realized that my case was been compromised in my absence so I chose to litigate in person. Learned along the way.

Plus now the security guards servants around have started talking too, saying her husband has left her... If you are sensitive to public opinion on such issues, u should kiss good bye to happiness. 

I feel like somebody made me climb a tree and now has taken the ladder away. Stay there and enjoy the view from the tree -:)  I mean look at the good things that may have happened because of the event.

Sorry for the output but the heart and soul are badly stabbed. I am no soul-surgeon (I am a techie) but when the mind is busy with productive ideas, the heart and soul will take care of themselves. Otherwise, the proverbial devil's workshop will certainly find a place in your idle mind.

A reminder again: I am not a lawyer so please do not rely 100% on my advice. Confirm steps with professional advocates too.

N   03 November 2017

Hi,

today I got a divorce notice from the high court sent by my husband,he has put so many false allegations and has put a police complaint too. I have to  be present at the court by 16th. I never imagined this is what he has been planning. Please suggest, how should I respond now? Urgent help needed.

Samir N (General Queries) (Business)     03 November 2017

today I got a divorce notice from the high court sent by my husband,he has put so many false allegations and has put a police complaint too. I have to  be present at the court by 16th. I never imagined this is what he has been planning. Please suggest how should I respond now? Urgent help needed.

Simply not possible. High Court cannot send a divorce notice because High Court does not have original jurisdiction for divorce. Only the Family Court has such jurisdiction. See, for example, a recent High Court decision in https://indiankanoon.org/doc/109968462/ 

-:)

Adv Radhika Mehta (Advocate)     03 November 2017

Mr Samir has rightly mentioned, unless and until you are a Parsi, The High Court does not have the jurisdiction to hear and decide matrimonial matters.  There is no need to panic. First check the authenticity of the notice and thereafter take a call. 

N   03 November 2017

Look I got a summon for a court here with full page allegations.  In the end it said he wants a divorce on these grounds of cruelty , Please help ! Urgent sos!


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