anonymous (-) 20 June 2014

Help on divorce

Respected Legal experts, I got married (arranged marriage) in 2003 as per Hindu law. We have a daughter aged 8yrs staying with me. At the time I was working with good salary. As my husband was working abroad I had to leave the job. Right from the first day of marriage my in-laws were very bad towards me. I also found out that my husband did not much enjoy the marital bliss and gave his full concentration to his parents and sister. All these 10 years he had been hostile towards me. He did not have any good relationship with me. Also, the relationship between two families is not good. I still visited my in-laws but he totally ignored my parents. We were staying abroad until 2012. Two years back (2012), when we came for vacation to India, we stayed in my in-laws house and again they tortured me and fearing for my life I went to my parents’ house with my daughter but my husband stayed there and left abroad after his vacation. He asked me not to come back to him(abroad after holidays) at all, but still I went abroad, then with 3 days of reaching, he resigned his job and brought me back again to India and asked me and my daughter to stay in my parents’ house. Then he totally did not communicate with me and said he will not take me with him nor is he going to find job. Then in 2013 he filled an RCR forcing me to stay with his parents. In many previous occasions I have been brutally treated by my in-laws, so worrying that, I did not go there and asked him to find a job or alternate place to stay. But he refused and then suddenly he found a job abroad (Nov, 2013) and left us (me and my daughter) here without telling me anything. He has no plans to take us nor does he have any communication with us. He also did not provide for maintenance all these 2 years. Now I do not know anything about him and there is totally no contact. My in-laws who stay in India has no contact with me also, they know whereabouts of everything that happened. I want to get a divorce and please let me know on how to claim maintenance. Since he is staying abroad how to proceed with divorce and seek alimony for me and my daughter. I am really in a distress situation. I have no financialsource and I am not employed.

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Laxmi Kant Joshi (Advocate ) 20 June 2014

You file dv case and maintenance case against him and his family , give address of his parents because he last resides with his parents , asked relief of seperate residence order u/s 19 , monetry relief u/s 20 , compensation order u/s 22 , etc in dv and maintenance you can file crpc 125 for you and for the child , don't file divorce take him some time to realise his fault and he come and apologise his fault and take you back with him , so wait and watch then react .

anonymous (-) 20 June 2014

Dear Mr Joshi, Many thanks for your reply. I have few clarifications: 1. We(my husband and me) were together until September,2012. After that he dumped me at my parents home. So, can I still file DV against him, since it is two years we lived together. 2.My in-laws are the ones who directed him to ditch me, when I stayed at my in-laws house during vacation in 2012 they treated me badly and forced him not to take me with him. So, can I file DV against them also 3. Since now, I have to live on my alone, will my maintenance/alimony get affected if try to search and get a job now.

Adv k . mahesh (advocate) 20 June 2014

Then in 2013 he filled an RCR forcing me to stay with his parents. In many previous occasions I have been brutally treated by my in-laws, so worrying that, I did not go there and asked him to find a job or alternate place to stay.

what happened to the case of RCR is it pending yet....

before going to proceed legally once try to talk with there family members about your husband and talk to him if you dont want to talk to your in laws then take your elders help and have a discussion about your husband then have a chat with your husband and after that decide about legal action because once going legal process will spoil your married life and also you have to see your 10 years kid future happy

anonymous (-) 20 June 2014

Mr Mahesh, Many thanks for your reply. The RCR case we appeared before lok adalat 3 times and one time before court, but in-between he got a job and went from India.. after he went I got two times notification but I did not appear before the court. so I am not sure about the status of RCR. About negotiations we tried our best but their parents very coolly do not bother about anything and they are simply saying it is their son's decision.(though this is an arranged marriage) they are not taking any responsibility for either their action or their son's action. so I have no option left. Then here my in-laws are more worst than my husband. It is for my daughter benefit I stayed with my husband for past 10 yrs though he had been a very bad husband. but since he fled to another country without any information about us. I want some relief for us.

satish bhaskar (Litigant) 20 June 2014

Find a job at all cost. It will keep you sane. Even a small one to start.

Since you want divorce and maintenance you have to ask for it not here but in court. It will run for years in court. But it is the only solution.

What cannot be sorted or settled in bedrooms has to be sorted or settled in courts.

Indian courts are a burden or rather over burdened both so that it takes years. It means on paper both of you will remain married for a long time.

As per rules you and child will get maintenance but not without a court order.

Help on divorce

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