Please help me from my husband

First and foremost doctors, police and lawyers are not your “yar” and second never ever address lawyer(s) as “yar” no matter what is your frame of mind while penning a legal query here as in YOU being a female person who is just seeking few legal helps!. Reason being, this is a legal portal website and not a social media website.

Above being a straight forward pointer here are replies which you are seeking from lawyer(s) based on annexed facts;

1. You can visit overseas for travel or for job in pendency of both filed cases.
2. Once you file S. 498a r/w S. 406 IPC the case is between State Vs. arrayed accused persons. State attempts to prove a case on your behalf. Your presence is required only during evidence stage in these criminal cases.
3. You can give PoA to any person known to you in your divorce case before traveling overseas. The PoA holder can run on your behalf your case. You presence is required in this civil case only during reconciliation proceedings and during Evidence stage.
4. Now when you will get back your stridhan from its trustees the Court which has now seized the matter can pronounce the verdict upon and from your brief we cannot tell by tomorrow or fix a date on stridhan return to its rightful owner.
5. If opposite party says s/he will not give divorce that does not mean end of petitioning party case. The petitioner spouse to a divorce case has to prove all allegations to get decree in divorce proceedings based on grounds s/he has filed the same.
6. Lastly we see daily in various Courts, cases where spouse have stayed just only for few hours together and yet they file a case on each another in comparison to your say that you have “only stayed for few weeks with your husband”. It hardly matters to a Court when case is admitted. What matters are proving the allegations based on choosen grounds.

Your husband is smart and getting correct advice.Try to talk and take mutual divorce

In couple of weeks, your husband tried to kill you. He married to torture you. He is drug addict. you filed 498a. you filed divorce. you are in critical financial condition. Strange story! 

pls spell out the truth to findout who is this person who wants to kill his wife within few weeks of marriage.

@Radhika Mariam,

The following steps you can take:

1.  You said that FIR is registered U/S. 498-A.  Has the case  gone to court or not? If it has gone to court, get the non-bailable arrest warrants against the husband and get it served through Ministry of External Affairs.  If he does not appear in the criminal court at the given date, then move an application in passport department for revocation of his passport.  Simultaneously move appropriate application before the magistrate where Section 498-A case is pending seeking a direction to the passport authorities to revoke the passport.  If you will not get appropriate response from the magistrate court, then you have the option to approach the HC for the similar relief.  In Punjab, a lot of brides have been facing similar problem and there the state government has directed the police headquarters to take suo-motu steps to revoke the passports of the husbands who left their newly married wife in lurch by taking away the huge sums in the names of gifts, but in fact as dowry.  These fugitives are appropriately named as "honeymoon grooms", who plunder the wealth and beauty of the innocent girls and vanish away from the clutches of the brazenly lazy "indian legal system".  The result of revoking the passport is that once the period of passport is expired, his passport will not be renewed and he will be deported to India. You should not feel disheartened and try to follow the limited remedies what are available to you.

2.  If you know his employer's address, you also send your complaint as well as Section 498-A court notice copy to his employer, enlisting the atrocities perpetrated by him against your body and soul.  Some employers take such actions as moral turpitude and will not allow such unscrupulous people to serve in their organisations.

3.  To recover your stri-dhan, you have the recourse in Domestic Violence Act.  For this relief and also for other reliefs such as maintenance, residential order, protection order etc. you can file DV case directly approach the Metropolitan Magistrate with appropriate application or through a reliable advocate. 

To rajan,

sir, how come you are mentioning him smart if he is smart enough, even watever he do in a violent way, he wont repeat that in front of my father rit..i suspect that he has some serious problem..

To cm jain sir... sir i am saying the truth only...u cant even imagine right...then just see how am suffering... waited all these years and finally married to this kind of man...wat a fate i have..

Thank you chandu sir,

                  Sir, please tell me one thing...will i get everything, which v gave them ? some saying that i will be getting the money only and some saying i will get the jewels only... will we be getting everything sir? i know the cases in india is a long process, but atleast tell me when will these cases will solve?  Meanwhile if i go abroad then wont it be a problem?

He is smart enough to save his skin. Whether he is guilty or not that court will decide.

let him live as he wish but all that i want is to get relief from him and also get all my things back.

you can get the following things from him and / or from his parents:

1.  Stridhan, the gifts which include jewellery, landed / house property and movable property like car etc., dressess etc. given to you.  The sofa set, dining table, all the necessary items provided by you and your parents to set up the new family.  But for recovering them, you have to prove that the amount is incurred from your side and is still in the possession of them.  In addition to this cash that was given to you and confiscated by them is also recoverable subject to its proof in the court.

2.  Generally, the gifts given by the bride's side to the groom are not recoverable.  But the gifts are not gifts but dowry demanded articles, they can be recoverable, subject to the sufficient proof before the court.  Suppose a car was given to husband or a cash of Rs.2 lakhs was given.  It would never be a "gift", but dowry article and bride is entitled to recover it.  A suit presented to the groom cannot be branded as "dowry article", but a gift and cannot be recoverable.  If the girl's side spends lakhs of rupees to give gifts like dresses, jewellery to the groom's relatives, all and sundry, in the name of meeting traditions, then they  or their worth is recoverable subject to sufficient proof in the court. 

3.  Marriage expenses are not recoverable.   

You can go abroad. But at the time of giving evidence, your presence is required.

@ Adv Chandu, 

3.  Marriage expenses are not recoverable. 

Sir are there any rulings that you can share where the Honb'le courts have declined recovery of Marriage Expenses? Or is there a section in which it is mentioned that Marriage Expenses are not recoverable?

Is there a legal descripttion of what is and what is not recoverable?

Yeah there is no law in place as of date to recover marriage expenses 

Sir, are there any court rulings in which the girl has asked for recovery of marriage expenses and the court has declined that request?