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Distress (HOMEMAKER)     26 August 2013

Staying with husband after 5 years of marriage

I was married to a bariatric surgeon in chennai 5 years ago at the age of 28. i suffer from epilepsy and he is a type 1 diabetic.(I think that it is hidden from the medical community that he is a  type 1 diabetic.  it was known to both partners before marriage. After marriage I as the target of verbal, physical and s*xual abuse from my husband. He kept telling me that i am a stupid. His parents demanded dowry and said that the ornaments given by my parents was not upto their status.  my husband used to put on p*rn videos and ask me to repeat all the acts according to the p*rn video. after one torturous night in the morning i flung a plate on his face. he got injured, but there were no stitches. his father called my father and my father told to send me back home in mumbai. After i came back to Mumbai i tried contacting him and saying sorry for throwing the plate. i called his parents and apologised. They were firm that they did not want me back. I filed for maintenance. The family court  granted 20000, He filed for an RCR and filed a case int he High court that he is JOBLESS. The court demanded that he pay me rs. 10000 every month. in the meanwhile i have filed a DV case against him and his parents.  I have received 2 lac from the court. Now the DV case is coming up. I don't want to go back to Chennai. Being a surgeon he can inject any kind of substance (insulin, which he injects on a daily basis) into my body and kill me. I am scared. There will be some kind of mediation now. Can i demand a seperate residence?. Will the court give me protection. In the meantime i have been diagonsed for ADHD which was not known to me before marriage. When i was depressed after coming back to my marital home, my parents took me to a psychiatrist. He said that i am suffering from ADHD. I am on medication now. What should i do? If  i go to my matrimonial home and cohabit with him, and come back, how long will I have to wait  for divorce by mutual consent and remarriage?



 1 Replies

Tajobsindia (Senior Partner )     27 August 2013

1.    You can seek rent in lieu of right to residence in filed domestic act complaint matter.

2.    Since he has filed RCR which you have not followed means not agree to then once decree in RCR is passed in his favour post it waiting one year he gets eligible to take divorce from you.

3.    ADHD discovery will not come in the way in any present or for that matter future proceeding. Infact you may also seek medical compensation under domestic violence act.

4.    During coming mediation you may speak up for mutual consent divorce on your terms seeing future needs. If he agrees then get terms and conditions dictated via a seasoned advocate on your behalf and proceed accordingly. If he does not then your facts eventually leads to divorce one day or another for the same have patience and continue to look after your health and safety living at natal home and if time permits empower yourself so that eventually you are able to stand on your own feet once free from post these traumatic past / facts.


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