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priya (engineer)     28 February 2011

Legal advise required

Respected Sir/Madam,

 

                I have been married since July, 2009. I and my husband are software engineers working for different IT organizations. Immediately after my marriage, I moved into my in-law’s house and we lived there as a joint family (myself, my husband, father-in-law and mother-in-law). I have a sister-in-law who is elder to my husband and already married and living in Chennai in her in-law’s place, Since the day of marriage, my husband’s behaviour was very abnormal and hostile to me which I could subsequently make out that it was only due to the constant influence of his mother, father and sister. For first 5 months of my married life where I lived with my  husband at my in-law’s house, my husband dint have any natural family relation with me including the honeymoon period nor being civic to me in house or outside. He would very rarely speak to me in house and never take me any outing at all as any newlywed people would do. Also, I have to live on my own earnings in my in-law’s house and no care provided to me by my husband for anything. Till date, I don’t know his earnings and what he is spending it for.Under the influence of my in-laws,my husband was only quarrelling with me everyday all through the night and I suffered sever mental agony and loss of slep followed by related physical disorders as I have to manage between hectic day to day travel between company and home,employment commitments and the impact of cruelsome behaviour of my husband. He started beating me also regularly for some reason or the other. My in-laws dint allow me o enter the kitchen nor provided me food adequately and timely. This lead me to suffer with acute stomach disorders and I was sent to my parental home to get treated. My parents only attended to my treatment to make me alright.

                My in-laws were forcing me frequently to go back to my parental home and dint like my returns to their house. I was a paying guest at my in-law’s house during my stay there. On some occasions, my mother-law dint even want to provide me food at their house and directed me to seek my food outside like samajyam, temple, etc.

                My in-laws were only insisting me to open a joint account for my salary all along and on observing their indifferent motives and behaviours; I was avoiding it with great difficulty.  Immediately after marriage, when my in-laws had to go their native place for some personal reasons, they sought to it that I dint stay with my husband together and made me to go to my parental home alone without my husband. I stayed at my house till they returned.

                In November,2009, my husband got his onsite assignment in the States and went abroad. Even that visit,I came to know very late through others and not through my husband. After his reaching States,there was practically no communication from him to me for ten days and I couldeven get his contact number only through his sister. From December,2009 to January,2010, I was forcefully sent to my parental home and attended office from there only. As usual, my need were taken care of by my earnings and my parents and no support provided by my husband.

                I will only get calls from my husband to quarrel with me for some reasons or the other under the influence of my in-laws. I also came to know that all the private talks, mails and messages between myself and my husband were shared with my sister-in-law by my husband right from the day of marriage and here directives were well taken by my husband in meting out bad treatments to me.

                From States,my husband informed that he planned to stay in States for a minimum period of 2 to 3 years and advised me to join him there at the earliest. I joined my husband in States on February 1,2010 after taking sabbatical leave of 1 year (1 year loss of pay) from my company. All the travel kit expenses were taken care of by my parents as usual.After reaching States, we were really happy for very few days and had private space for the very first time in our married ife. But very shortly on joining my husband, my in-laws started influencing my husband by regular tele-talks and made him return to india. My mother-in-law made a quarrel with my mother over phone regarding my togetherness with my husband in States. In States also, my husband started beating me along withal physical and mental abuses almost daily after few days of my reaching there. He also started bad mouthing about me and my family to others(his friends and relatives). He even  denied to provide me winter wears in States. All my stay in States, I dint had a penny also with me even for emergency expnses of mine. In this period, I got conceived which gave no pleasure to my in-laws and my husband too. He continued his beatings even during my initial period of pregnancy and even denied to provide me the basic necessities of pregnancy care. My husband even proposed abortion of this pregnancy. Due to lack of care and mental agony, I fell very sick and frequently had blood  vomiting also under added nausea effects.

                On june 7,2010, we returned to india. My parents rushed me to the hospital the same day for needful medical attention and treatments. My father informed my husband and father-in-law to join him while taking me to the hospital. They never turned up after going their way to their home. My pregnancy was confirmed at the hospital and started undergoing pregnancy care from my parental home. My father informed my in-laws about the pregnancy confirmation and treatments after our return from the hospital but no interest or involvement shown by husband and in-laws to know about it. I was completely isolated from my husband by my in-laws and dint even knew his contact information for long.

                After almost 1 and a half months, my husband and my father-in-law came to my place. They informed me that they have paid an advance for buying a flat and insisted me to take a loan for buying the same. I refused to take such a liability after seeing the behaviours of my husband and my in-laws all through my married life till date. My husband started calling me and abusing me over phone regularly. He wanted me to take the liabilities of the flat purchase. I started feeling very bad that my husband and my in-laws were not all caring for the expectant child but only on their own self motives. Left with no support from my husband in terms of financial and personal care, I had to continue my resorting to my parents for my survival. My husband; under the influence of my sister-in-law, never turned up after knowing that I am not going help him with the liability of buying the flat . we came to know that he has left to States for another onsite assignment which he never informed me and my parents nor through my in-laws. All these developments started affecting my physical health very badly which made my pregnancy face lot of complications. All along including the pregnancy period,no care or any support was provided by my husband /in-laws and only parents took care of everything. I gave birth to a baby boy on January 4,2011 after a very critical labor. Even today,am under their care only. 

                When am undergoing such a cruel path of married life with uncaring husband and unkindful in-laws,I came to know that my in-laws(especially my sister-in-law along with her husband) is influencing my husband to file divorce petition under the reference of the judgement of  justice Gambhir which is attached herewith.

                My situations of married life as explained above can speak of the suffering that am undergoing in this marriage till date. But it is very painful and shocking that my in-laws are advising my husband to seek divorce as per above judgement and without caring the new born child including me.

                I request your valuable legal opinion to take care of me and my new born son from the devil design plan of my in-laws specifically of my sister-in-law. Kindly advise me the legal protection measures that are available in this case. Also please advise whether we can use mail evidences available with me regarding my in-laws wild plans.

                Kindly please read this letter completely and help me with the needful.

                Expecting a positive response.

 

Thanks,

Priya.

 



Learning

 12 Replies

Jamai Of Law (propra)     28 February 2011

Nicely drafted............

 

You must have taken help of a good lawyer (worth paying to such lawyer) for the above write-up.

Roshni B.. (For justice and dignity)     28 February 2011

See,you must decide what you want.

 

If you want a peaceful divorce go ahead with a mutual one.

 

If you want to punish them also before divorce,file 498A for so much cruelty.Because from what you have written here,your case if fit enough for a 498A case.

 

And if you want to live with your husband with respect and dignity for yourself and your baby,file DV Act.

 

Get in touch with a good recommended criminal or matrimonial lawyer depending on which option you choose.

 

If you can't afford one,get in touch with a good NGO like Lawyers Collective which has branches in Delhi,Mumbai and Bangalore.I am unsure if they have in other cities too.

There are other NGOs too like HRLN,etc.But I don't have much idea.

Meanwhile wait for other experts to reply,as I am not a lawyer.Also I recommend you to mention your case in Experts section(both in Criminal and family law) as only lawyers will reply to you there.

This way,you will get many replies and will have various advices to choose from.

Good luck!

1 Like

S.SANGEETHA (sangashan@yahoo.com)     28 February 2011

Respected members,

    my sister is facing the same problem,  i think so, it is not drafted sir, there are husbands like this, my sister husband exactly did the same to my sister. and it was high influence of sister-in-law and mother -in-law. since they are utilising the money earned by thier own brother and son, spoiling a woman and child lives. let them take all the money he earns, but they should allow to show the affection and care to his family. if husbands are not fit to give affectiona nd care to child and to wife, y do they agree to marry? i don't know.

I feel sympathy as my siter case is also like urs, File for RCR, and childs maintainence.and also try to reconcile with ur husband by counselling, bcz  child need both of ur support. don't ruin ur married life. speak out and try to solve the issues, have confidence. u will win and lead a happy life with ur husband. All the best.

zimmerzapper (student)     28 February 2011

Originally posted by :Jamai Of Law
"
Nicely drafted............

 

You must have taken help of a good lawyer (worth paying to such lawyer) for the above write-up.
"

 

i think it is not the drafting it is the formatting of the text because of bold font she used which makes it easier to look at...

1 Like

Tajobsindia (Senior Partner )     01 March 2011

Originally posted by :zimmerzapper

"

Originally posted by :Jamai Of Law
Nicely drafted............

You must have taken help of a good lawyer (worth paying to such lawyer) for the above write-up.
i think it is not the drafting it is the formatting of the text because of bold font she used which makes it easier to look at...

"

 @ zimmerzapper

Send me your Email ID I will send you similar template draftings of so many common ladies out there and only thing missing is 10 sovergin gold or 20 sovergin silver item given by ladies retd. Father after pledging loan and closing his PF account etc. from the template drafts.


@ Author

It is a fit case for S. 498a IPC R/w S. 406 IPC + S. 125 CrPC + S. 24 HMA (Family court stand alone) + S. 18, S. 20
HAMA (for child maint.) + S. 25 GWA (Custody of child) + DV Act all 5 main Sections. I hope your family and IT Job can afford investing say around Rs. 80 K on legal fees to get admitted above suggested package cases!


You may re-check with Sh. Prabhakar the package fees cost of filing above cases prevailing in current legal market.


A complete package husband + MIL + FIL + SIL deserves based on reading down template (legal wordings) breifs of yours and since both of you are S/W engrs. and he most probably still on some off-site assignment overseas the RCN is remote chance now-a-days (not that Interpol is anymore interested in it!) and the lady should hurry upon filing first the advised IPC sections as within next few months S. 498a IPC is going to be drastically Amended by Central Amendment the All India Level feedback to Amend work is already begun. 


All the best. 

priya (engineer)     01 March 2011

Hi,

 

This is not drafted but my true situation. Its better you please stop hurting someone when that person is already in distress. May be if you have a sister and if she is facing the same situation, will you ridicule like this? i really wonder where did people lost their mankind and humanity.

God bless you.

Thanks,

Priya

priya (engineer)     01 March 2011

Respected members,

 

I thank for the valuable opinion from you. I have a doubt here. If he is heading for divorce based on the judgement of justice Gambhir, how to break it? Can anyone tell me about RCR and DV?

superfast munnabhai (trainee)     01 March 2011

Can the Justice Gambir's judgment be used in following manner?

 

"Attempts by wife and her parents to trigger the marital dipute out of nothing and then enflame it to keep it alive!!" and subsequently asking for divorce ...

is like "a self-serving mis-conduct"  

and

also like "taking advantage of one's own wrongs"

 

 

Justice Gambir's Judgment:-

Parents should not become uninvited judges of problems of their daughter, become an obstacle in the daughter's married life, plant thoughts in her mind and gain control over her and promote disharmony in her family life

The parents of the appellant-wife, instead of putting out the fire have fuelled and fanned it.

 

 

 

 

DR.SANAT KUMAR DASH (Eye Specialist)     01 March 2011

Priya,

                  It   is   up   to    You............If    U      R    interested    to    live     this    Husband,   then    take   a   Rented   House   &   Live    Peacefully..............If     NOT,   then    File     the   Divorce    Suit     &   RCR     as      the    opinion    of   u'r   Advocate.

prashant pundhir (Criminal Lawyer)     11 March 2011

Suffered from lot of crueleties and pains . We must not think that it is drafted . Any way, it looks that your marrige was a plan for capturing your wages and when they find themselves failure, started torchering and mental as well as physical cruleties . Got your case late, but now involved . Need not to worry and visit today's evening for legal resolution . Also inform the language of the mail evidances .

prashant pundhir (Criminal Lawyer)     12 March 2011

Why do not you regier a complaint of 406,323,504,506,34 IPC .


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