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Maya   12 December 2016

Seeking advice on filing a dv and divorce case

Hi

I am Maya 38 and married since 5 years, we have a 4 year old girl. Ever since our marriage took place, my husband used to be abusive. He drinks once in a while, may be in 3 months, or 6 months or in 1 year. Whenever he drink, he abuse me physically, even the small kid.

Three years back, he slapped at my ear and there were bleeding; he took me to hospital after 4 days. Doctor said, the wax been loosen and should be removed.  Its done, there were no issues for 6 months, later I used to feel dizzy. Currently I need to take medicine regularly.

Then I moved to Women’s commission, he said there will not be any issues and we started living together after 9 months.  For about 11 months there were no issues, he was not drinking, later on a day we had some high talk and started drinking, the very first day, he slapped me. I called my brother and he came and asked him not to physically abuse me. The very next day he had more drinks and abused me very hard. He was about to kill me and our child. I ran to our neighbor’s house. In front of them too, he hit me.  I called my brother, and he came with police. He used so much of abusive words and even tried to manhandle my brother and the policeman. Then the neighbor intervened, and taken him to house and I went with my brother to my home.  Before going home, we went to the government hospital and they made an MLC. There were some scars on my face, body.

Then this matter has gone to police and they have called my husband twice, but he did not attend.

It is 9 months passed since the incident took place. He has sent some of his friends for negotiation with my brothers. They are interested in going ahead with, but I am afraid, he may kill me, if I start living together.

Now, I have some questions;

  1. What is the next step should I take?
  2. What is maximum punishment he could get if I file a case?
  3. The child is with me, what if he file a case for child custody
  4. What if he file a divorce case or RCR
  5. Next year I need to get an admission for my child, any problem if he is not with me.

Please suggest

Thanks in advance.

Maya

 

 



Learning

 4 Replies

whatnot   12 December 2016

If you joine him back there is possibility of beating being regular. Drinking is just a ruse to manhandle you. Period.

 

For the sake of child you can't let the abusive relationship to go on.

You would only move in if he agrees for joint family where a member of your family lives with you people. Give this option a thought.  But never nuclear family(that is husband, child and you). Now that part is over. Work out some ways.

 

You have option to go for judicial separation which will end the physical relationship as husband and wife but will allow family to lead the life for participation of welfare of the child.

 

Don't use law to get your revenge. Direct his friends to bring in a lawyer and convey mutual consent divorce. This is will be negotitation. You can claim for your personal injury, maintainance of child.

 

IThough I'm not a doctor, by the narration you have lost important part of fluid which balances body equalibrium. You will feel dizziness and imbalance all your life. Seek a good doctor.

 

Major hassel in all this is money. Who will share the burden of taking care of you? You child upbringing cost which grows year on year? Your medical treatment? Lawyer fees?

 

RCR will not stand due to cruelty. You can apply for divorce.  If possible pick up some job.

There is long long road ahead and there is no easy way out. And this moment teaching hima lesson should not be one of your main aim.

 

You need your family to support you more than ever.

 

Some guys are bane to the world. And your husband is one.Soceity and upbringing to be blamed. But it is already water under bridge. Look forward .

Maya   12 December 2016

Thank you 'whatnot' for your reply.

There is no possibility to keep another person in our life. The only possibility is that I need to go his own house where his mother stays alone, she is 85.

The main thing I wanted to know was about my child admission and I have already got a job

Please suggest.

 

whatnot   12 December 2016

Nowdays admission are allowed.

Talk to school principle and there are ways not to disclose father.

Hopefully you have the birth certificate and you can admit the child.

Good luck


(Guest)
Originally posted by : Maya
Hi

I am Maya 38 and married since 5 years, we have a 4 year old girl. Ever since our marriage took place, my husband used to be abusive. He drinks once in a while, may be in 3 months, or 6 months or in 1 year. Whenever he drink, he abuse me physically, even the small kid.

Three years back, he slapped at my ear and there were bleeding; he took me to hospital after 4 days. Doctor said, the wax been loosen and should be removed.  Its done, there were no issues for 6 months, later I used to feel dizzy. Currently I need to take medicine regularly.

Then I moved to Women’s commission, he said there will not be any issues and we started living together after 9 months.  For about 11 months there were no issues, he was not drinking, later on a day we had some high talk and started drinking, the very first day, he slapped me. I called my brother and he came and asked him not to physically abuse me. The very next day he had more drinks and abused me very hard. He was about to kill me and our child. I ran to our neighbor’s house. In front of them too, he hit me.  I called my brother, and he came with police. He used so much of abusive words and even tried to manhandle my brother and the policeman. Then the neighbor intervened, and taken him to house and I went with my brother to my home.  Before going home, we went to the government hospital and they made an MLC. There were some scars on my face, body.

Then this matter has gone to police and they have called my husband twice, but he did not attend.

It is 9 months passed since the incident took place. He has sent some of his friends for negotiation with my brothers. They are interested in going ahead with, but I am afraid, he may kill me, if I start living together.

Now, I have some questions;


What is the next step should I take?
What is maximum punishment he could get if I file a case?
The child is with me, what if he file a case for child custody
What if he file a divorce case or RCR
Next year I need to get an admission for my child, any problem if he is not with me.


Please suggest

Thanks in advance.

Maya

 

 

Where did you meet this rascal?  Is it marriage or what does he think of himself?

If you file case against him he will be in trouble.  So will be you and the kid, if the kid is girl child, another big headache for you.  You both have to sit and think not just about yourselves but also about the future of the kid, if you both are proper, kid will be proper.

If he files for divorce and you agree, court will grant divorce in 6 months via MCD.  Divorce is on solution for marital problems.

Why does he drink?  Why do you quarell with him?  Is it this for you both got married?  If you cannot get  along at all, then best way forward is take mutual divorce.  If you file criminal cases against him, he might be sentenced to prison and again you will have trouble getting divorce and also problem for child as it wont have father, kid will keep growing.  As you are working woman you wont get any maintenance, but the child will get maintenance.  But if your husband goes and sit in jail, he wont be able to give maintenance to the kid.

This is a complicated case which needs careful counselling for both of you.  Get in touch with an expert Advocate who deals with matrimonial cases.

 

Remember filing cases will only jeopardize your lives and nothing else.  


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