My above reply is for Arup ji.
Roshni B.. (For justice and dignity) 06 March 2011
My above reply is for Arup ji.
Arup (UNEMPLOYED) 06 March 2011
" if the husband neglects his wife and her feelings for him OR treats her cruelly at the behest of his parents he is called a mama's boy only."
-- from which dictionary you got this explanation?
Arup (UNEMPLOYED) 06 March 2011
" why cant they look for other options like marriage counselling to help their marriages survive? "
-- survive for a dead marriage?
Arup (UNEMPLOYED) 06 March 2011
" after marriage a boy is expected to behave as an adult and treat the wife also as a human being.but many indian men want to remain tied to their mummies' apron strings who may provoke him against the wife multiple times,owing to jealousy. so,for such men these terms are used."
-- if a husband neglects his parents & cruel to them, -- he is manly,
on the contray, if he tries to balance between wife and parents he is mummie's boy:
WHAT A GREAT LOGIC !
Arup (UNEMPLOYED) 06 March 2011
" why cant they look for other options like marriage counselling to help their marriages survive?"
-- 498A & DV IS the reason.
from the first posting of ms nancy, it is clear that her in laws are affraid of the above penal actions.
frankly speaking, these penal threats ruining the matrimonial peace and harmoney.
Kiran Kumar (Lawyer) 06 March 2011
habeas corpus was not a wrong advice....its better to apply mind why it was adviced....
a little knowledge is always dangerous....and unfortunately few people try to be overclever and assert their frustration without thinking the actual advantage of the advice.
Roshni B.. (For justice and dignity) 06 March 2011
arup jeeeeeeeee
u dont understand what i say.u put such words into my mouth,that i never said.
trying to explain you someting is like banging one's head against the wall.so i wont explain anything.
if u want,u may ask a wise person to sit with you at your computer and explain to you line by line what i was saying.
theek hai?
Nancy (ABC) 06 March 2011
Thnanks Kiran jee ...but if i dont apply for habeus corpos and dnt want to fight divorce case..can i sit back silently..i dnt want to go to court
Nancy (ABC) 06 March 2011
atleast in expartee what will he get at max..divorce that is what he wants ....if he is not ready to live with me ,can i force him to do even in the court
Arup (UNEMPLOYED) 06 March 2011
ms nancy,
" if he is not ready to live with me ,can i force him to do even in the court "
-- NO.
you may bring your horse near the pond but can not comple to drink water.
- this is the last word of a human relationship.
Arup (UNEMPLOYED) 06 March 2011
" a little knowledge is always dangerous...."
- the english proverb is -- little learning is a dengarous thing.
it is true for both you and me.
here the person disappears only from the author, as he dislikes her.
from the version of the author it is clear. his whereabouts known to his parents but they did not want to disclose it to the author only due to some fear.
therefore it do not cover the scope of hebeas corpus.
Nancy (ABC) 07 March 2011
Thanks for advice but my husband has not even spoken to me in last 2 months even via phone,my inlaws have conveyed there intentions in family meeting that they want seperation only and husband has filed complaint against me with SHO,cc ACP,DCP stating that i have tried committing suicide many times and may register false and frivilous cases against him and his parents ,now should i sit silent in case i dnt want to fight cases in court or it is necessary to take some action to safegaurd myself.Will this complaint which he has filed have any negative impact on me???
and also suggest is it necessary for me to appear in court where he has filed divorce,is divorce granted on petition of 1 party even other party doesnt attend court.Moreover,if i dont attend court where he has filed the divorce case ,what will court decide...will there be some warrant issued for me or will case be decided ex parte,what can be granted in exparte ???Is it divorce or can he claim something from me
Democratic Indian (n/a) 07 March 2011
With due respect to Arupji, I humbly disagree with him. As per my understanding there are two aspects of the problem. One is the emotional part of the problem that you are struggling with i.e. you want to live with your husband and the other is the legal problem created by your husband and in-laws.
For the legal aspect please note the following:
1) He has willfully gone missing.(In my opinion, his act of willfully going missing in itself is an act of cruelty upon you)
2) He has filed false complaints with police:
a) Saying that you tried to commit suicide(In my opinion he is preparing grounds for getting divorce on grounds of cruelty by you because trying to commit suicide is considered as an act of cruelty against ones spouse. Moreover he can allege the same(refer to police complaints) in defending 498A IPC if filed by you.)
b) Saying that you will register false cases(In my opinion he is creating additional grounds to defend against 498A IPC)
If you want to do nothing and do not co-operate with court, he will get exparte divorce after following the due process of law.
Advice given by all the advocates in this thread is legally very sound and I concour with their opinion. You may contact a good lawyer, seek his advice and do the following with his advice:
1) File missing complaint against your husband with Police
2) File Habeus Corpus in High Court
3) File an application seeking Restitution of Conjugal Rights, maintenance and advocate fees in the said case. If you have kids then file a suit for partition through, your children seeking share in the in the share of your husaband in the ancestral properties.
Amrit Manuvanshi (Advisor) 08 March 2011
Hi Nancy,
There are only three ways to win the family matters:
1.Love and affection
2.Muscle Power
3.Legal Power
If you have failed to establish yourself by love and afection and the guy has turned to legal recourse , you have to be stron and fight it out. Do not beg.Beggers can not be chosers.You get nothing when you demand , you have to command.For commanding also you ahve to do sacrifises but they will be better than the sacrifices to such stubborn people who do not know the justice, be it parent or the boy .
You can not thave the dish and eat it also and on the same time you can not take unwilling horse to water.
If you made mistakes ,you aplogise and give love and affection and respect and regards and service . If you are not at fault, then face it boldly and teach them alesson for the benfit of society.I would blame the girls and their parents who are groomed as dolls and protected in cocoons with a dream that a Price will come and will her in the Air ship to the dreamland.
Please understand that in the world the materialism had gripped every body so bad that a boy wants a beautyful , earning, rich,dowery , qualified girl and a male child producing s*x machine.
Be strong and face. Dont beg the love.
Remember-'love 'mention dont insist or beg.