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Rajbeer   08 May 2016

Need advice in gender biased law

Hi Experts,

       I got married in 2011 and after marriage i get to know that from my wife that she has been raped by her brother in law upto 6 months.somehow i managed and told her that no need to do any contact with him and your sister's who is having normal conversation with him every day. Some how life gone smooth but after hearing this i got tensed and most of the time fight hapeen in betwwen 5 years of marriage.meanwhile my son came in 2012. again she came to bangalore but after lot of conversation with her she was not ready to stop conversation with her sister's. due to so mach dispute she left the house of bangalore in 2015 nad move to her younger sister house. my parents tried a lot to contact her but she was enjoying Mumbai with her family members where her brother in law was present. once she come back to her parents house we reached there and tried to convinence herbut she was not ready to back to my house,she threaten us that she will put DV,498A so we come back. After some days my parents went to her house and she was ready to come to my parents house. Once she came back she was not helping in household work and most of the time she was on her phone and busy.she don't have time to call me single time.some how she agreed to come to bangalore and was not doing household work.after 4months again dispute happen b/w us and she used physical forces on me.she slpped me 10-20 times and my listening ear damaged and torn, in defend of myself i pused her and she got enjury in her upper back.

Next day morning she told all matters to her parents just opposite that i had beaten her and moved to local police station, there  she filed complain(NCR) that my husband hit me so i am leaving this house and after discussion with her parents she will be back. i given reply statement of her NCR that she is doing metal torcher of me.Once she came from police station she packed the luggage and started taking my confenditential data which was in pen drive, once i opposed she again slapped me and hit me on my back and told that if you will do any thing then through kitchen knief i will kill you. By moving out she told that she will file case against me and pull in court. she moved to her parents house and no communication from her parents from last 10 days.

 As we all know that law is baised.

I want divorce with her and she is not ready for MCD. if i will file contested divorce then she will get interm maintainance from court to fight case against me.How much interm maintainance court will grant if i will go for contested divorce. I don't have proof that she made intercourse with her brother in law cz initially she accepted and now she is saying that where is proof that my brother in law raped me.I am worried about my future and too much depressed. Please, Please help me to proceed further.

 

 

Thanks,

Rajbeer

 

  



Learning

 2 Replies

P. Venu (Advocate)     09 May 2016

The alleged rape committed before marriage cannot be a ground for divorce; you need to establish the marital cruelty on her part subsequent to the marriage.

Of course, you can still file an FIR on the aleeged rape.

 

Dr Martin Campbell (Doctor)     09 May 2016

If you want to file divorce, file it, it run for minimum 7-8 years. Outcome nobody can predict.

 

Simply move on, if she is not good for you, find someone else outside of marriage, and stay happy.  Going to court for matrimonial dispute is waste.


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