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(Guest)

Please advice me..its urgent

Hello lawyers,

i need your valuable adv..i got married in jan this year. it has been unconsummated marriage till june due to some physicl prblm (s**) of husband and he n his family askd for dowry and misbehavd. we went for medical help for 3 month but no results. later came to know that he had already been engaged once(they hide it from us) i came to my parents house in june but didnot go back...went only for 2 times and that to for few hours with my parents to discuss matters but hav not been there from july. we decided for mutual div and told my in laws..but they were just dragging it..and now v hav come to know that guy is going abroad to his relatives and they hav filed sec 9 against me.. on one side they were convincing my family to send me bak and on other hand they hv filed sec-9. now what can we do..

#can we file 498 or not..?

#can we apply for null n void on medical isues and previus engagement basis.

and all my things that were given by my parents are there..so what can v do to get it back..is there any law to get things back along with null n void in family court.? 

please guide me..

 



Learning

 13 Replies

stanley (Freedom)     11 October 2012

Before marriage what happens is irrelevant wether he had s*x with his girlfriend or was engaged etc .This is India you can file whatever you want 498 A , DV etc  but than you have to prove it in the court of law .you will get your istridhan back so dont worry and be happy .It does not matter if he is going abroad or he  remains in india you can file divorce and contest it .

1 Like

(Guest)

he was engaged,ring ceremony. for 498 as such they askd it face to face..can we apply for 498 after they hv applied sec 9 against me first.

ANEESH TRIVEDI (ADVOCATE) (Advocate)     11 October 2012

this is confusing situtation from your side

If you want to live with your husband then dont file any case and go back.

if you dont want then what you want first decide?

[1] if you have strong proof that they had demand dowry and trotured you then only go for 498A and DV.

[2] if you are able to lead your life or want alimony / maitenance then file maintenance case.

[3] if you have valid reason and proof also of leaving your husband then dont worry by RCR sec09 HMA.

the court will consider you side also.

you can produce medical checkup report and bill or /else demand through court for checkup again if it is within legal criteria then your chances of wining is more.

if he is going abroad then you can apply in the court that untill case is not decide dont allow him to go out of india.

filing of false case will backfire on you , so dont lie and just prya to god that you come out from such situation as you wish.

stanley (Freedom)     11 October 2012

 

Read the section and than decide if it has really happened to you . Nowdays a lot of 498 A cases are being filed by women just to harass husbands and the case takes years to finish 

Indian Penal Code (IPC)

 

Section 498A. Husband or relative of husband of a woman subjecting her to cruelty

 

1[498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with imprisonment for a term which may extend to three years and shall also be liable to fine.

 

Explanation

 

For the purpose of this section, “cruelty” means—

 

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

 

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]


(Guest)

aneesh sir no chance is ther that i wnt to go back..and for ur pt.3 we do hav proofs but it was jst i dont want to spoil 4-5yrs of my life..and cant trust them for mutual div..so wanted adv.


(Guest)

sir..can u let me know..can v file foe null n void on prvious engagmnt basis..

stanley (Freedom)     11 October 2012

No .But if he is impotent you can file but would have to prove it .


(Guest)

will my statements and dr prescripttions will work out.?

stanley (Freedom)     11 October 2012

Your statments maybe facts . But  the doctor if called for he would have to conclude and by way of tests prove that he is impotent .

Atul (TeamLeader)     11 October 2012

Hello lawyers,

I am worker in one IT Company as Team Leader. I am doing work with company since 4 years. Since six months Company is not giving me any work and not raise my salary. They are not giving any reason behind them. Whereby I lost my resources. Now they are seeking to me resign. When I denied to give resignation Company informed me that I have to move Chennai another company. It has been mention your appointment letter. Company has three branches in India (Nagpur, Mumbai and Chennai). But there are different types of work carried out. In Mumbai almost all projects has moved in Nagpur. In Chennai there is different type work for which I don't have enough knowledge. In Nagpur, there lots of work but for company is sending me. They are not giving answer why they are send me other city.

I do not have time, because they had written transfer order letter and tried to give me. I refused to accept letter on 04 Oct 2012 because, there was transfer date mention 08 Oct 2012. And said, " I do not accept without intimation and reason of behind letter. they sent letter by post and I received letter on 9 Oct 2012. After receiving letter once again ask him to reason. But they are not talk about that and told me, "We will take action against you". Please, guide me what can I do?

Regards, Ati

stanley (Freedom)     11 October 2012

Dear Atul , 

 

Simple solution never ever get obessed with a company . Look out for another job and move out happily in life  . The company can terminate you for not obeying the transfer letter and start giving you warning letters or give you compensation .

anu (housewife)     11 October 2012

hi lawyer,,

i just wanted to know how or where to complaint against my in laws regarding mental harassment or abuse...............??????


(Guest)

What to do if one is not sure that husband will come for filing 1st application of mutual divorce...do v hav any laws for this?


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