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Aryan (Manager)     26 May 2014

Harassment during divorce

Dear lawyers, 

my friend has been going thru divorce after 10 years of separation. She and her husband have a son who is 15. He is a special child. My friend was not allowed to meet her son for many years By her husband. Family court granted the divorce and weekly once visitation rights. Her husband was having an affair with another lady and he forced my friend to leave the house. After several years of torture and harassment she was forced to leave the house. She didn't have any job so couldn't take the child with her. Her parents are in Bihar and help her financially. Her maintenance petition got rejected in family court, also her husband is not returning her stree dhan.

she has filed a petition in high court where the divorce order by lower court got stayed. Now when she goes to meet her child her husband sits in front of her and takes video recording of her with the son. The son is 15 and is much stronger than her plus he gets hyper so my friend finds it challenging to control his hands n legs at the same time. Btw the husband has 3-4 attendants to look after the son. Husband takes video to prove to the court that the child's mother is not able to manage him in case she asks for custody.

Husband is also staying with the other lady from past many years. They also harass my friend by breaking her slippers when she is spending time with her son. 

Pls advice what my friend can do to avoid such harassment. Also how she can get maintenance and her stree dhan. Husband is very shrewd and plays dirty games. This girl lives alone so it's depressing and stressful situation. Kindly help.



Learning

 4 Replies

Gautam Kapoor (IT professional Studying Law)     26 May 2014

The devil is in the details... can you let us know why divorce was granted and why her maintenance petition was rejected..normally done when woman living in adultery...

Adv. Nikhil Seth (legal consultant (9867264707))     26 May 2014

Dear Aryan,

 your friend can approach high court stating about  cruelty and harassment faced by her and ask court to allow her visitation right in public place / in court .Simultaneously make an interim application to court for maintainence.  

Regards,

Adv.NIKHIL SETH

Mumbai

Adv k . mahesh (advocate)     26 May 2014

after divorce maintenance was rejected by the court on what reason as you said she is not working and her parents are sending money

because on the ground only she can file another writ in the high court for maintenance and if any other cases are pending let us know

Aryan (Manager)     26 May 2014

she gave up her job when she had a child to look after him as the child had health issues. after that she was a housewife until her husband threw her out. actually she got to know from her husbands collegues about his affairs, so she spoke with him and as usual he denied. then once she caught him with a woman in his office premises alone, at that time he couldn't deny as it was all obvious. she was depressed but couldn't do anything as the child needed her. child couldn't walk and was totally dependant on his mother. 

after few years husband started harassing more by bringing women to home only. she was helpless and couldn't even talk bat it with her parents or anyone else. since she is from bihar she didn't know anyone in bangalore to seek help, and also she didn't want to leave her son.  then one day when she told her husband what he was doing was wrong he just threw her out of the house, he himself packed some of her clothes.

coming to the questions above - they separated in 2003. she thought husband will realize his mistake so she didn't initiate divorce as she was hopeful of joining him back. after several months she took up a bpo job to survive that phase. husband filed divorce petition in 2010 while she was working but subsequently she had to leave her job as he used to call her workplace and try to harass. 

he tried to prove to the court that she is capable of looking after herself and can work so maintenance was rejected on that ground. the first divorce petition was sent to her office address. however she is not a graduate so its really difficult for her to get a good job. she has paltry jobs off and on.

he has tried his best to prove that it was she who has abandoned him and the child however that is a lie as when he threw her out he has written a letter with his own hand that he will keep the child and she has to agree to mutual consent divorce etc. the family court has totally ignored that letter. 

there is no case of adultery as she has always been a housewife especially when a mother is devoted to look after her disabled child full-time.

having said that husband has tried to file divorce on the ground of abandonment and adultery but no proofs have been submitted. and because he is desperate to prove adultery he has tried to hire detectives etc but they didn't get any substance expect where she resides etc. he became so desperate that he took photos in the court room once when i joined her for a hearing. i had accompanied her as her parents etc are not here and it is very depressing to go to court.  after that day she decided to go alone only.

she is not working for past one year now as wherever she works husband tries to harass and she is forced to leave job.

what can be done about the harassment she is facing while visiting child. informing the court may not help as proof would be required else it would be he / she said. also meeting the child in public place is difficult as the child is disabled and needs to be taken care of. basically the child is not cognisant and is hyperactive.

pls help.  

 

 


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