| Originally posted by : simara |
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I have previously posted on this website on how my husband was having a few affairs and i got to know after six months o four marriage. im married for 3 years. and i have a daughter of 2 years old
he has done all possible thing to harass me...torture me..mentally and pyhsically....many times...threatened me...that he will kill himself if i leave him but all of this was his drama to continue his affair and at the same time hurt me. his family was all aware of his deeds and always told me to be queit about it.
he has demanded dowry from me many times and i have given him also. now
now its been a year im at my parents place. in overseas.
how can i seek justice, im not been supported finacially for the past one year by my in laws.
they told me not to come back and just sign for divorce. and give them my daughter.
they re running from the fact that they have to give maintenance by saying we dont have anything to give
then they have about 15 acres land in punjab...my husband is the only son n 2 sisters and father.
his mother passed away in september.and no one told me about it,till i found out 4 days later that she has passed away.
i dont intend to go back to him because it almost made me commit suicide. i could not take his mental torture, he wanted me to do something stupid and get rid from him by myself..
i got to know that the family wants to get him married to a young and poor girl and will later tell everyone that she is the maid of the house so that he can marry without divorce.
im overseas i dont know what can i do....at the same time i dont wana go bak there and face them.
i have uncles there..maternal side....who is doing everything to help. went and talked to them but they are showing as if nothing happened....ans said we dont have anything.
any gov body i can reach to help...or NGO or anything at all....at least i should get my maintenance and also for my daughter. |
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My observations with regard to your case are as follows,
You are trying to project that your husband and his parents are well off. That wont give you any right over his property (ancestral or self earned) nor will it give any right in his parents property (ancestral or self earned).
The child born out of the wedlock through him, has rights in property (only ancestral and not self-earned).
What you can do is simply file,
24 HMA
Or
125 crpc asking maintenance for yourself and the kid born out of the wedlock.
If you are educated, you wont get any alimony, you might succeed in getting alimony for 1 year max. Not above it, after that you have to find your own bread and butter.
The kid however is both of your headache. Mean to say, both of you need to contribute towards its well being, until it turns 18. Once it turns 18, it is on its own.
Contribution towards well being of the child in way of maintenance will be calculated by court, based on your respective incomes. And any such alimony ordered by the court will not exceed 1/3rd of your respective incomes.
Such alimony ordered shall be paid on monthly basis from date of application. Not paying of such alimony by your husband shall warrant, issue of warrant and taking into judicial custody. Once that done, court may attach salary on application by the petitioner, or attach property and sale of property and or handing over of property to the petitioner commensurate with what is due to the petitioner from the respondent.
Anyway it is hard to digest when you say you are overseas and not able to maintain yourself. You are simply lying is what I can understand from your story ie wrt not being able to maintain yourself.
As there was demand for dowry, you can file application under 498a IPC.
Cases will take time to get over, usually the 498a case will linger on for a good decade or two.
With regard to getting help from NGOs? You have your uncles who are willing to help you, they would suffice for this matter. NGOs are for people who are homeless and don’t have a penny. You very well have a proper internet connection. I am afraid such wont help you once they come to know your financial position.
On the other hand seeking maintenance reliefs from courts is not that easy thing, there are lot of loopholes which opposite party will make use of, especially keeping in mind that you are not here but abroad. What you need is not NGO but good criminal lawyer. Good luck.
