LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

a (ff)     17 December 2010

Help me in divorce case

I am married (8 yrs ago) & have 6yrs daughter. Most of the time we, as a family lived away from my in-laws house. Misunderstandings went on increasing & being short tempered, my husband filed divorce petition suddenly 3months ago. It fell like a catastrophe on me & I am totally stunned by the developments. He went away leaving me & daughter alone in the rented house & created story that I threw him away at middle of night with humiliation 15 days ago b4 date of actual separation. Somehow I sent the child to him after that & moved to my parents’ house. All are worried. Husband says at reconciliation meeting in court– I am fed up with the non-cordial domestic environment & will try my best to get rid of wife. No breakthrough. I am in govt job which I find very difficult to continue as I have practically no shelter at that city.

What is the remedy; o’wise my life will be spoiled. I can not stay long at parents' house



Learning

 26 Replies

pratibha (advocate)     17 December 2010

if u dont want to stay with ur husbend -thaen , i can demand -smthing -for servive ur life -according to -maintennence act -, 125-, as soon as posible-----dont  take -this hard disciotion ,

                                                               i m just advicing u ----, if u feel better --------

 

                                                                                                                                                              pratibha advocate

                                                                                                                                                        high court

 

 

 

 

 

 

 

Avnish Kaur (Consultant)     17 December 2010

wat relef do u seek in 125?

by the way how much is his salary ? how much is urs?

seek a legal opinion in chamber , there can be a gud remedy under some other act.

try to find actual reason of his such a behaviour. does he have a gf ?

Kushal Dhoot (student)     18 December 2010

firstly if u r govt employee u can ask for Staff Quarters.......

 

But before that do u really want divorce from ur husband...if no....than please let me know.....i can get u best idea to deal with it..

a (ff)     18 December 2010

I do not want divorce. But he is bent upon.

In my kind of Govt job, I cant get Govt flats

His salary- 30000 mine--26000, daughter is wid him

No gf in the matter till now, he feels fed up in disturbed relationship

Can Sec125 be filed even if I am earning from Govt job

Main problem is -- where to stay put. Parents place is far away. At in-laws city, it will be difficult to stay alone.

Meanwhile; till he gets divorce actually (may be it takes years), I am still his legal wife. How he can shun his responsibilties of taking care of wife. Whats the legal remedy?

Renuka Gupta ( Gender Researcher )     18 December 2010

Legal remedy is filing a case under Domestic Violence act where you can ask for relief for residence. He can't shun the responsibilities and cannot play with you just because he is fed up with the relationship. Do not sleep over it and take action. Consult a good local advocate and s/he would be able to guide you further. 

2 Like

(Guest)

What is domestic vilence here. Ahusband  wants to live seperately  and he has right for it.

A-- this is called misuse of law - namely 498a. If you  file false 498a case as a terrorist women organization member has suggested.. forget about marraige -- once it is proved that you filled a false 498a case , it becomes ground for divorce.

1 Like

Renuka Gupta ( Gender Researcher )     18 December 2010

 

Consult your advocate. Any emotional and mental abuse comes under DV, leaving her without an accommodation is a mental harassment. Hence in my opinion it would be a case for DV. Also wait for opinions of  Ld. advocates. . 

Please consult a good local advocate, read the domestic Violence act and take your decision. Concentrate on your rights and the humiliations you have gone through. Go to local woman's organisation who work on women's rights issues, normally they would have a free legal aid cell and consulting women advocate/s. where are you from? 

BTW , I am a respectable citizen of India, and do not use abusive language and do not respond in abusive language to abuses which I keep getting from some men on this forum. I have developed a very thick skin and know how to negotiate my way through them without even so much as being touched by them.

I may not reply again to volley of abuses, so if you need any further information, you can send me message.

2 Like

(Guest)

This case does not say that she was left without accomodation.... wife still remained in the rented house?

So what abuse you are talking .. legal terrorism advocator?


(Guest)

Avinash

Women will help women... whether it is 498a case or not .. court will decide.  It is man duty to pay rent of the rental house.

Renuka... which chapter of woman's organization you belong too?

Renuka Gupta ( Gender Researcher )     19 December 2010

I have practically no shelter in that city : 

The above words are copied and pasted from the querist post.

She had moved to her parents' house not because she wanted to but because helplessness. 

It is a mental harassment to cause this insecurity to wife  It definitely amounts to cruelty. 

@Onlytruth

I belong to many women's organisations, however, there are no terrorist organisations named by Supreme court of India whose words, even the court would not have realized, would be used to abuse any and every woman. 

1 Like

(Guest)

He went away leaving me & daughter alone in the rented house

 

Renuka did you read this line.? If yes then old residence, as per the author, were left to her. And if she leaves that and chooses to become shelterless...that is cruelty from husband?

Renuka.. READ, and more importantly THINK..  but I understand there are personnel limitations.


(Guest)

He went away leaving me & daughter alone in the rented house

 

Renuka,  did you read this line.? If yes then old residence, as per the author, were left to her. And if she leaves that and chooses to become shelterless...that is cruelty from husband?

Renuka.. READ, and more importantly THINK.. .....

but I understand there are personnel commitment to toe a line always


 

Renuka Gupta ( Gender Researcher )     19 December 2010

 

Thanks Avinash for understanding my personal limitation...we each have our own. 

None the less,  I stand by what I have said in my above post. 

She may not have capacities to pay rent single handedly with her salary, depending on which city and which area in the city she is leaving,  which is not clear in her post. Leaving her behind in a rented house without paying the rent every moth or sharing the rent( this seems to be the case)  is a mental cruelty and I stand by what I have understood and written. Now though she has not clearly mentioned whether he offered to pay rent  or not,  it is cleat that she went to her parent's house without wanting to do it and as a last option. Inability to pay rent must have been the reason. It can be clarified by the querist. 

I would rather like to know Ld.  advocates' opinion on this thread. 

 
1 Like

(Guest)

'We each have limitation'... a common tactics used ... isn't it?

Comming to your new excuse ... capability to pay rent... hope you have read she earns Rs 26K and husband Rs 30k and he has his daughter with hi.

Renuka - you will have to go from one branch to another to defend wrong. Lets recounts what all you said in this thread till know

1.  recommended to use 498a when there was no seemingly no cruelty.

2. You tried to show cruelty claiming that she did not have shelters.

3. When shown that you are trying to make us reason since .. she was left in rented house, you tried to put another reason -

4. You said she may not have capacity to pay  - well neglecting that their income is equal - and husbad is maintaining their daughter also.

As I wrote before.. your compulsion of toeing a fixed line.. is making you use forward all these completely stupid and false arguments.

Come out of your shell....learn to  READ...& THINK


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register