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Rashi (SE)     10 January 2014

Regarding maintainance and 498a

I Raise a FIR against my husband and his family as he left me and my 1 year old child in Pune, and went back to his parents. He emotionally physically financially and mentally harnessed me. At the time of marriage he was suffering from some decease, but he and his parents deliberately hided. After FIR within 4 hour he and his family members got bail. They are enjoying there life, I am fighting for maintenance. I am innocent still I am suffering. They should be punished, but they are enjoying. Please help me on it. My advocate suggest its a lengthy procedure to get justice. I have lots of mental stress. I am working, and such stress is effecting my work as well.I have my kid as well to take care. My husband is not supporting financially as well. Please help me.
 How 498A will go for my husband ?



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 5 Replies

JASWANT VIJAY AGNIHOTRI (AIR ARMY)     10 January 2014

you are also enjoying, who said you are not enjying......

Adv. Chandrasekhar (Advocate)     10 January 2014

You are living in a country where women are harassed from their birth.  Even getting birth as a girl is becoming 'miracle', when the scrouge of female infanticide disease has become inate rampant character of the society and is eating the very  veins of the society. Girls aged between 5 to the oldest women of 80 are being raped and the country has been noted as the most dangerous place in the whole world and proper cautions are being extended to the unwary visitors from abroad.  Domestic violence and harassment at workplace has become norm and the judges to socalled saints are no exception to indulge in those activities.  Every day on every street either it is urban or rural, women's modesty is outraged without impunity.  If a woman has to get married she has to bring fat dowry and a very lucrative job so that she can be milked every month and also a free domestic worker to serve the 'old', 'sick' and 'aged' parents of the husband.  You go on making laws for protecting the women but not execute them, then you will be in sorry state.  The country is going through such pathetic and patriarchial stage and you are no exception.  There are several women harassed by  the husbands and in-laws physically, mentally and financially and filed the cases under Section 498-A without any bleak hope to get positive result.

If you have solid proof of your exploitation by your husband financially, physically and mentally(for this last offence there can be no physical evidence possible), you pursue the case.  If  you show that in your salary substantial part is going to your husband and also you show that substantial sum has been spent in marriage as dowry or gifts to husband and his relatives you can bring these facts before the court.  If you have been physically beaten and for this if medical evidence is there, that is also well and good.  If not if you disclosed this fact to any one of your near friends or relatives, they can come to the court to substantiate the veracity of your statement.  Mental harassment can be proved by way of circumstantial evidence and also your statements on oath. 

Regarding maintenance, as you are working you may not get.  But your child is entitled to maintenance and for that you have to apply under S.125 cr.p.c.  Further, after discussing with a good lawyer, you can file domestic violence case to realize compensation and/or maintenance.

wish you best of luck. 

Rashi (SE)     10 January 2014

Yes I have proof that salary part is going to my husband from my bank statement. And also before leaving he asked me to transfer a big amount that I did. Also we have common property on both names(Large down payment from my side), have proof for that as well. It was his planning, he took most of me and then left. He used to send amount to his parents. I used to transfer him and then he used to transfer his parents. I don't have any update on his 498A case.

aap (manager)     10 January 2014

dear now enjoy the lenghty, torture ,harrasment why u filed 498a

dou think it will give u justice noooooooo it will further increase ur tension and now ur feeling it let the time and court decide how they want to make u sufferer

ishita (Copywriter)     10 January 2014

I can completely understand your plight Rashi and empathize with your situation. I am somewhat sailing in the same boat. My husband threw me out of the house few months ago and then vacated the house and ran away with everything. He and his family seized all contacts with me so I had no choice but to ask CAW cell to intervene. His family till date has not come forward to even talk and sort issues out. In their head I was someone whom just their son desired so now that he has shown me the door, they do not want to even acknowledge the relation I have with him. All this when ours was a love marriage and this happened within just 10 months of the marriage period. My councelling sessions are going on in the cell and now my husband refuses to take me home. It is strange but there are somethings in life you have to accept.

I know it must be very painful for you with the child and all but you have to not lose your heart. There are all kinds of people in this world and we do at times end up being with the wrong ones but that I guess is destiny. Now what you want to make of your life ahead is completely your choice. You want to teach your husband a lesson then sue him in court, ask for compensation and continue living the life you think is best for you and your child. If you want a stress free disengagment, sit with your husband, talk the issues out with him, if things can be sorted start living together again or else seek MCD. Since I do not know if your husband is ready to take you and the baby back I can't really comment on your condition but trust me after putting 498A on him you should not even think of going back to the family life with him. A person who can ditch you and the baby like this for whatever reason will only do worse to you after the strong steps you have taken. It is better to let the law take its course while you concentrate on your job and looking after your baby. Yes your husband has the equal responsibility to look after the baby so pursue the maintenance case with a vengeance (if you wish and if you really think he and his family has wronged you) as he has no right to treat a woman who entrusted her life to him like this. File a DV and seek compensation, right to residence and every other relief this act provides. 


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