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asha (not working)     10 October 2012

Husband forced me out of house

I am married for 10 years.I have a five year old daughter.My husband wants divorce.He started torturing me about 4 years back and beating me.I have no evidence that he beats me.The torture became unbearable and I came to my parents house 5 months back.Husband and inlaws have communicated through mediator that they want mutual consent divorce.My husband has made it very clear that he dosent want to stay with me.My inlaws have started telling people that I am mentally unstable.

1-Can they get false certificate from some doctor and obtain divorce on this ground?

2-what should i do to proove that i was forced out of the house and that i am not staying in parents house with my own will?



Learning

 15 Replies

stanley (Freedom)     10 October 2012

Asha i feel your Hubby is here in this Foroum by the name of Nandha .Your version and his version are more a less the same :).

1. He cant obtain divorce on the basis of a false medical certificate . It has to be proved in the court of law . 

2. If he has beaten and tortured you there has to be some scars to prove in court .what ever allegations you levy has to be proved .

3. Now you would have to decide as to what you want , wether you want to stay with him or not ?? why stay with a person who beats and abuses you . you can file for mutual consent divorce and lead a harassed free life . 

4. I presume you are worried about maintaince . Talk to your husband about the same and come to a settlement alternatively if he is not agreeing you can get the same through the court :)

 

Tajobsindia (Senior Partner )     10 October 2012

Que. 1 - How she can bring evidence of beating that happened in 4 walls of her bedroom ?

Que. 2 - Are all beating that takes place in 4 walls of a Home leaves behind no witness / no evidences ?

Lord @ Chandu if you may like then guide your victim accordingly with correct provisions of Law.

 

Originally posted by : Adv. Chandu 09868332610
  @asha,

1 - Can they XXXXX
 

he he. Loved reading down woman "sensitive" answers........

ta ra rum pum pum.

1 Like

Adv. Chandrasekhar (Advocate)     10 October 2012

@asha,

1-Can they get false certificate from some doctor and obtain divorce on this ground?

They cannot get false certificate from some doctor.  No doctor will give certificate if a person is not his patient.  If anyone adventurous to such an extent, he will be doing it at his own risk.  But the husband may move an application in the court seeking your medical examination proving the alleged mental problem.  As you are healthy, this medical examination will also go in your favour.  Further, before giving such direction to send the respondent before the medical board to find out her mental health, the court dwelve upon such question at length and there is more possibility that his application will be dismissed. 

2-what should i do to proove that i was forced out of the house and that i am not staying in parents house with my own will?

You simply write down the abuses perpetrated against your body and soul by your husband and his relatives (if that is so) and send the letter saying that due to those reasons you were forced out of the matrimonial house.  This letter you send it by registered post.  As per the DV Act,  the definition of harassment has been expanded and by that not only beating and torturing but also emotional and economic abuse also are part of harassments and the women have got a right to approach the metropolitan magistrate to seek the remedial measures.  By sheer power of physical strenth, shamelessly the husband and his relatives push the helpless lady out of the matrimonial home, the court will, as interim relief, provide her "residential rights" in the matrimonial home.

You are correct that it is not easy task for a tortured wife or battered wife in matrimonial home to prove the fact in court of law.  But no court demands the traces on the body of the wife to prove the fact of harassment.  Just slaping a wife does not leave a trace on the face nor requires medical attention. kicking on the some parts of the body also does not leave the trace on body.  But it gives unerasable scars on the psyche of the person.  These things sensitive courts understand and come to the rescue of the ill-treated woman.  Harassment in Section 498-A or DV Act does not demand the proof of body scars.  The pre and subsequent behaviour of the wife and husband after the wife thrown out of matrimonial home will give clear indication to the court to find out the truth.  Hence, do not worry about quantity and quality of evidence at this stage and if a wrong is done to you, and if you wish to fight it out, consult a good and woman sympathetic advocate near your area and he will guide you in a proper way.    


 

Ranee....... (NA)     10 October 2012

Originally posted by : Tajobsindia

Que. 1 - How she can bring evidence of beating that happened in 4 walls of her bedroom ?

Que. 2 - Are all beating that takes place in 4 walls of a Home leaves behind no witness / no evidences ?

Lord @ Chandu if you may like then guide your victim accordingly with correct provisions of Law.

 




Originally posted by : Adv. Chandu 09868332610



 

@asha,

1 - Can they XXXXX

 




he he. Loved reading down woman "sensitive" answers........

ta ra rum pum pum.

such reply does not suit you Tajobsindia as you claim here to be a Prudent Lawyer.

Whatever Ad Chandu is , you instead of giving her a legal remedy critisizing him?

@Asha, if you want to stay at husband's house you can file a Dv case directly to the magistrate.Then there will be chance of reunion of you two.But if you lodge  FIr police will immediately arrest husband which will not good for your two and your daughter.Rest thinngs your advocate will make you understand how he prepares evidence.

vijay (M)     11 October 2012

But if you lodge  FIr police will immediately arrest husband 

 

What FIR can get the Husband immediatly arrested  ? 498 a ?  Good advise.

stanley (Freedom)     11 October 2012

 

Originally posted by : Tajobsindia



Lord @ Chandu if you may like then guide your victim accordingly with correct provisions of Law.

Our learned friend Chandu guides and answers only women  victim's in the form of DV act 498 A and ropes in all the uncles and aunties of the respondents where the author of post has made no reference ..

in future we would see cats and dogs of the respondent being named  in the case . A typical scenario  when a dog or cat is called into  the witness box  goes beyond my imagination which Amuses me .And  in india  it is bound to happen some day, and as it is our TV channels are starved of news and the hype created by the media would be in the form........ Breaking news..... Breaking.... news cats and dogs are being made respondents in DV cases and 498 A and are being called into the witness box :)



Originally posted by : Adv. Chandu 09868332610



 

@asha,

1 - Can they XXXXX

 




he he. Loved reading down woman "sensitive" answers........

ta ra rum pum pum.


(Guest)

Stanely uncle, I noticed one thing about youThatt you first reply wisely after reading the query..lekin whatt happpns to you that you waive your tail with what tajobsindia says??

mamla kya hai?

respect yourself!

stanley (Freedom)     11 October 2012

Uncle Rajnikanth , 

In the first place dont assume that i am Birbal ??

Secondly on what basis do you conclude that i am wise ?? you are making me climb on to a papya tree :)

 

modi sachin (individual)     09 January 2015

if your husband. will give application to ct that they herresed by u and ready to give alternate accomodation money. under sec 25(2). then u can order to move out from house. and if ct reject his applic he will go to high ct via session .their his appeal may be approved.

modi sachin (individual)     09 January 2015

if your husband. will give application to ct that they herresed by u and ready to give alternate accomodation money. under sec 25(2). then u can order to move out from house. and if ct reject his applic he will go to high ct via session .their his appeal may be approved.

modi sachin (individual)     09 January 2015

if your husband. will give application to ct that they herresed by u and ready to give alternate accomodation money. under sec 25(2). then u can order to move out from house. and if ct reject his applic he will go to high ct via session .their his appeal may be approved.

modi sachin (individual)     09 January 2015

if your husband. will give application to ct that they herresed by u and ready to give alternate accomodation money. under sec 25(2). then u can order to move out from house. and if ct reject his applic he will go to high ct via session .their his appeal may be approved.

modi sachin (individual)     09 January 2015

if your husband. will give application to ct that they herresed by u and ready to give alternate accomodation money. under sec 25(2). then u can order to move out from house. and if ct reject his applic he will go to high ct via session .their his appeal may be approved.

modi sachin (individual)     09 January 2015

if your husband. will give application to ct that they herresed by u and ready to give alternate accomodation money. under sec 25(2). then u can order to move out from house. and if ct reject his applic he will go to high ct via session .their his appeal may be approved.

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