LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sralitha (sralitha)     03 September 2011

Reunion with husband

Dear Sir,
        
      4years back I was married. 2years back I had been separated from my husband due to Cruelty n violence towards dowry. And my husband`s family also taken part in troubling me. But now my husband came to me that he realized his mistakes and promising that he will not trouble and when coming to his parents, he is must saying that not to interfere them, they don't know anything. Now I also want to go with my husband but the problem is that how far I can believe them? because he is saying that his parents had no part in harassing me but in past I had seen hell from them. Violating marriage bond is very easy now-a-days. But I want to withstand on my marriage bond. Going calmly with my husband is one way which I can do but it will be another chance for my husband and his family to harass me or to blame me because up to now they had no chance to make me bad, So only my husband agreed his mistake, so that issue will not become big. But Now I want to reach my husband with proper justice. So I approached a Advocate at my local area, He suggested me 2 cases to be keep on my husband and his family,that are 498A or DV act. My Question is that.
1. By which case I can proceed with my husband by having protection towards my husband n in-laws.
2. Where I should file this case (police station or court or lok adalat)
3. I had some voice recording as supporting to my troubles faced by in-laws and my husband. In which stage I can put this out(police station or court or lok adalat).
4. Now I am expecting good life with my husband if he realized his mistake, So I don't want to File FIR which may effect his Job. So By which process I can proceed, So that I can get a Affidavit from my husband n his family that they will not harm me once again.
5.Once if I file a case definitely my husband`s side will oppose me with their blaming and they will also try to put false cases. In this stage how I must proceed to succeed my ultimate goal to reach my husband with safeguard.
 



Learning

 7 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 September 2011

Dear Madame,

 

If you want a reunion, it is better to sit and discuss and not file cases.

 

I have often seen an MoU/ Affidavit is not even worth the paper it is written upon.

 

A devil's mind would find ways and means to violate any terms.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Tajobsindia (Senior Partner )     03 September 2011

@ Author

While agreeing yet adding to ld. Shonee's above reply my advise would be to showcause your efforts to finally work this marriage out, meaning thereby that you have to make all the efforts with “clean hands” instead of purely sitting and discussing though these are part of the same drill but all efforts shall be yours not his nor even his side of family as much water have flown over matrimonial incompatibilities as per presented brief before us.


Above take is based on similar experiences counseling for various aggrieved parties based.

 

sralitha (sralitha)     03 September 2011

Dear sir,

I and my parents discussed with my husband and his parents and also along with his relatives. My husband`s parents escaping from issue that they dont know anything but my husband is agreeing his wrong before us and In privacy he asked me to forgive his parents also. I can understand his situation but issue is that his parent made a bad reputation on me and my parents. That too now they came to me just to escape from police case. Here I didnt see real realization of my husband but at present he wants to get out of situation.

So my parents asked my husband and his parents to write a note that further they will be good to me before all elders of our side and my husband side. For this my husband agreed but his parent are saying that my husband is not the son of them and also said that  they lleft my husband and they are also saying that further they can only share happy moments with son but they have no responsibility of me. Here they are confusing us. So I want to take right decision. Here in my husbands family circle, its a common issue that husband can beat his wife without any reason. but according to me, I must not repeat to come once again to my parents house, if once I go with my husbands after this must of gap. So I want to take right decision.

So I want legal support, So that I can go with my husband, and try to have good change in him. So please Suggest me further proceeding as per my above message.........


(Guest)

In past 498a has been proved sure short marraige breaker - once 498a is filled husband never agrees to take back wife. Moreover 498a is primarily related to dowry prohibition. Was there any instance of dowry related harasshment case.

 

You can't file criminal cases and live with the same person. 

 

But decision is yours

sralitha (sralitha)     03 September 2011

Dear Onlytruth,

           Here I faced all type of problems. My parents given money in terms of gift around 3.5lac which is a large amount to my parents but less to my in-laws. Apart from this they given me a land with cost around 9lacs which is on my name. Again also given me 120gms of gold. Troubles started here only, eventhough my in-laws are well settled, they first started to ask gold,then land and in meanwhile my mother expired , thus they got second idea about my fathers retiredment money which should be shared between me and my younger brother.  Here I cleared their doubt that i will not ask retiredment money from my father because he had given at the time of marriage. Atlast I refused all their wantings. Thus atlast my husband situation is that he beat me infront of my brother and started to give very rude answers to my parent. On otherside my husband`s sister threatened my brother to marry her such that myself will have good days. These all thing are done in sense of my husband and inlaws only. I,my father and brother suffered a lot from them. But no relative or other dont know the happenned things. Everyone is saying to leave past  because as my husband is saying that now he known his mistakes and want to care me from now-on-wards. But no one know the reality of my husband is good or bad at this time. In this, How can I approach my husband in correct process.


(Guest)

So all the money you  have got from your father is in your name - why you are holding your in laws resonsible for that?

Adv. Chandrasekhar (Advocate)     03 September 2011

@sralitha,

now the mute question is whether he really reformed or pretending to have reformed.  To find out this, there is no equipment such as thermometer or BP instrument.  But, there is one way to find it out.  You give time to develop the relationship again.  Do not take any hasty decision.  Slowly and steadily progress in the relationship.  If he is really reformed, he will also go slowly to develop relationship.  If he has malafide intentions, he cannot wait and come out in near future with his true colours.

Do not file any case against him or his relatives.  It will not help you to develop relationship with your husband.  As you have clear idea that his parents have no regrets of whatever had happened and they had the culture of beating the women in the household, there is no question of your going to the matrimonial home where his parents reside.  If your husband reformed, you can go along with him in a separate house without any interference from his relatives and any demands for money or dowry.

Before initiating any step, you should become financially self reliant.  You get some job or do business if you have capital.  Stay at your parent's house.  But meet your husband regularly twice or thrice in the evenings in a week in the place convenient to both of you and enjoy each other's companionship.  Gradully mutual trust develop and in these interactions, one can know the other's inner feelings.   If reform is there, you can feel it. Give six months' period to develop such relationship and if you feel confident then only you go to your husband's house, where he independently resides. 

Finally, on legal point I clarify one thing.  As per you, he has subjected you to certain cruelties.  If you resume cohabitation in future, as per law, you have condoned all his cruel acts, you cannot rake up all those issues.  You cannot allege those cruel acts in any court of law, as "once condoned forever condoned" is the basic principle of law.

Wish you best of luck.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register