Section 498 a- husband not taking summons

Also, the Mediation was done by Woman Commission of Gujarat, National Commission for Woman in Delhi and Court Mediators and they did not appear in any of them despite several calls and letters.And all the mediations failed and then we filed the cases in Court.

Originally posted by : Avantika
	Our lawyer asked us to put the cases as I told him that I need divorce and the other party wants to get over for free. So he asked to put DV, 498 A, 125, 406 etc so that the pressure is built on it and he is ready for MCD. We do not know about it and on the suggestion of one of the top lawyers, who is contesting our case, we are proceeding as he has suggested. So, you mean to say that nothing will happen if he do not take the summons? He and his father both have govt jobs and the police is in constant touch with them. They tell the police evrytime that they are coming in next week and then in next 2-3 days and so on. I do not have a criminal mind. It is just that I want him to be punished for the tortures he has given to me for past 2 years and leave me by paying the money which my family has spent in marriage. Thats All. I don't want anything else. You still haven't answered my initial question that if MCD is filed and he is not ready to pay, then?

MCD always based on terms and conditions, for eg, you pay me this much, I sign on divorce papers, that is why it is called MCD.  If husband not agree to sign MCD, you may as well file fresh divorce petition, which will be a contested one, and be ready to pack breakfast, lunch in your tiffen box wiht a water bottle, I mean that's how you get ready to go to court for the next say 6-7 years.

Pray that your husband agrees to pay you money, if not roaming roaming roaming and roaming to courts.

Red-

We are not demanding anything extra except what was spent in the marriage. The proof of all the Original Receipts have already been submitted to the Police. It is around 23 Lakhs, excluding ornaments given to me by my parents and which is still in custody of my in laws.

Also, he filed Section 9 RCR and the details provided in the RCR are false as the marriage happened in Delhi and in RCR it is mentioned that the marriage was done in Gujarat.

It was also mentioned that I left the house of my own will, where in I have proof from Woman Commission Chairman that I was thrown out of the house by my husband and he is not ready to take me.

We have now filed for transfer of RCR though.

That is a lot of money-it must have been a grand wedding...Ultimately everyone compromises-Over time when the 23 lakhs becomes 10-15 then he`ll compromise and pay.You are on the right track,discuss with lawyer and approach court for issuing arrest warrant as he is avoiding summons.If possible try to get some evidence that he is living in the same house or Ask them to send summons to workplace of husband and F-I-L

Thanks Red. I am meeting the inspector tomorrow and will post the discussion here.

Ask the court if you can use Process Servers to serve the summons.It might be slightly expensive but atleast you can show that the summons are served.

@avantika.......after reading all your posts and replies given by the ld members in the forum. i can say that you are a very confused woman who doesnt know what to do as you are disillusioned. first of all the lawyer that has suggested that you file these cases has in fact suggested you all this so that " usko uska fees kaise milega,???" multiple cases means more fees from the client. tell us honestly how much your lawyer has charged from you? why dont you understand, these cases are " sone ki aande dene wali murgi" for them, so why will they suggest you to to go for MCD, as it will be like :cutting the sone ki aande dene wali murgi with own hands" so in it is like this: you are the sone ki aande dene wali murgi for him, he cuts you, he will not get more money, it is as simple as that, use your brains..........and why are you so interested in pursuing with the case, ? where is the revenge going to take you? imagine 5-7 years in the courts, your biological clock is also ticking, remember that,. and after that if the case is not proved? then what......sub revenge dhuua bankar hava me ud jayega' and you will be looking into the mirror with wrinkles on your face,. and your lawyer will be laughing away to the bank with his pockets full of money......remember. money that you demand will not reverse the ticking clock.. you cannot get back your youth after spending 7 years in court rooms........and you will be shunned from the society for being a 498 woman....even then if you think of revenge.. then best of luck ....and do come back in this forum after 5-7 years with the results, hope we all meet again here to discuss your "revenge'.............all the best

@Avantika,

I think you may not get whatever your family spent on Marriage legally in the court. Only maintanance will be awarded for you depending on your status and your husband's status.

Be carefull while mentioning huge amount of about 23 laksh(as you mentioned).

As the lawyer is a family friend, he has charged 1.2 Lakhs for all the cases which include Police fee and court fee and all other extra fee. We have already paid him 50 % and rest will be paid when the cases are closed.

If you say where the revenge will take you no where, what do you suggest? Should I just let them have their way so easily after ruining my life and traumatizing me.

This is not a revenge but punishing the culprits as my mother in law always used to say that in their family 2nd marriage is successful as my husband's 1st wife was murdered in village and this lasy is 2nd wife. There are numerous incidents which will show the cheap mentality of my in laws and husband. So, I am in no mood to leaving these people so easily.

So Mr No Pain, No Gain- What do you think? Should these people be let off easily so that they can do this with other girls as well? Shouldn't I fight for my rights?

@Avantika,

If you think your life is already ruined, Why take unnecessary risk of ruining your own life again in your own hand?

I agree you are upset. See your future and decide waht you want to do accordingly.

@Querist,

1.Talk to senior police officials.

2.Take media help.

@need justice,

The term 'Voilence' in 'Domestic voilence' included not merely physical voilence but includes mental one also.The word 'voilence' carries a wide meaning.Only physical voilence need support of Doctor's opinion.

Note-This reply should be taken as per the declaration given my profile page.

Thanks,

Regards,

@avantika............its your life you know the best what to do with it, ruin it by running around to punish them or forget it as a bad dream and live life to the fullest, and enjoy whatever it has to offer before the sunset sets in.................

avantika check your PM it may be helpful to you best luck.

@ Need Justice- Thanks for your valuable suggestion.

what exactly happened after the 6 months that they started disliking u?

After 6 months they started to harass me by removing the maid and me doing all the household work. My in lwas have two storey house and I was supposed to clean the house everyday, wash the clothes with hand and make food for all of them before going to the office. Apart from that we had AC in our room but I was never allowed to use the AC even in harshest summers where the temperature used to cross 45 degrees. When I told them that I will pay the electricity bill, then they used to start abusing me with all the foul languages. Then my father in law used to abuse me and my family with foul language and used to disrespect me in front of everyone. My husband used to slap me for no apparent reason. They used to treat me like I am their maid and not daughter in law. And when I could not take it anymore, Since my husband sometimes used to work in night shifts, my in laws used to say that I should investigate whether he is working or with someone else. They used to create differences between us and I used to trust my husband but everytime my husband used to go on night shift, they used to come to me and say that I should investigate where he is going and all. When I could bear the torture, I called my parents and they came to try and normalize the things but my in laws abused them and threatened them as well by saying that they know the commissioner very well and we cannot do anything.

We then went to Woman Commission and then the Chairperson of the Commission called my husband and my father in law by calling them. My father in law picked the phone and straight away negated everything by saying that there is no such issues and whatever is the issue it is between me and my husband and she should talk to my husband. When the Chairperson called my husband, he abused her and refused to come for mediation. When the Chairperson spoke harshly and told him who she was, then he said that he will come in 15 minutes. He came after 2 hours along with one of the neighbour and said that he does not want to live with me and want a seperation. When the Chairperson tried to meddle the things, he straightaway said that he will not live with me.

Then I came back to Delhi and after coming back, he called after 4-5 day and said that he wants to live with me and will solve everything. He used to called everytime for next one month and say the same thing, but after 1.5 month, we got a notice from court for Section 9, where he has given all the false statements that the marriage happened in Gujarat but it actually happened in Delhi and that I left the house of my own will, but the letter from Woman Commission metiones that I was thrown out of the house and my huband is not ready to live with me and all. Since I am not working, I filed a petition in Supreme Court for the transfer of case to Delhi. But before that I used to go to Gujarat to contest Section 9, but he never used to come there as well.

After that he called me one day and said that even if I file 498 A or any other case, nothing can happen to them as they have commissioner by their side and he will protect them against all the cases.

So they are not accepting any summons and I am very worried what will happen if they do not accept the summons.