Divorce on cruelty by husband
5 years ago
My husband has filed divorce under cruelty on me. I have a 10 yrs son. It's been 12 years of marriage. From day one my mother in law and his sister's tortured me for every silly reason. At starting he was good going on he also started not caring every time with his friends office parties etc drinking and coming late if I ask any he used to beat me and say be like servent no need to ask any questions then only be here I said k. In this depression I worked for one year in a office 7 yrs back there I got close with a guy and used to chat through SMS one day my husband caught me and he beat me again and warned me I never talked with that guy but my husband is now blackmailing me he will easily get divorce on showing that SMS 7yrs back on adultery. Is this valid can my past adultery effect my case now he has stayed with me for 7yrs after knowing that . Only SMS record can prove adultery. I am not working can I get maintenance. He is saying u have done ur PG do job I will not give any maintenance. After 13yrs of PG my completion can I get a job I am in search of a job but I am scared how me and my son will live.pls advise me
A.Dear Client,
You have every right to seek a Divorce and get alimony ( for your maintenance and the education of your child).What are you afraid of.?Your life,the future of your child is more important than anything else.
Try to get a good Advocate through Vidhikarya.com to take up your Case.
Shanti Ranjan Behera,Advocate
You have every right to seek a Divorce and get alimony ( for your maintenance and the education of your child).What are you afraid of.?Your life,the future of your child is more important than anything else.
Try to get a good Advocate through Vidhikarya.com to take up your Case.
Shanti Ranjan Behera,Advocate
Helpful
Helpful
Share
Deepak Yashwantrao Bade
Responded 5 years ago
A.Dear client you can file a case against under section 498 A of IPC or case of domestic violence.
Helpful
Helpful
Share
Rajender Prasad
Responded 5 years ago
A.you can file a case against under section 498 a of IPC or acase of domestic violence. For details, please contact a family lawyer like me through vidhikarya.com
Helpful
Helpful
Share
prasad
Responded 5 years ago
A.Dear client yr husband is just trying to threaten u. He will not get divorce on Chat basis. For any legal help call me
Adv Prasad Patil
Pune
Adv Prasad Patil
Pune
Helpful
Helpful
Share
A.Dear Madam,
You can get employment on your woman empowerment and not your academic qualifications. Please file the following DV case
Marriage and Family matters:
• The Prohibition of Child Marriage Act, 2006 defines a ‘child’ as a boy under the age of 21 and a girl under the age of 18. This means that the marriage of a girl below the age of 18 is considered to be child marriage and is prohibited by the law. There are certain contradictions to this rule in personal laws. However, it is important for you, as parents, to understand the importance of encouraging your daughters to continue their education and empowering them in other ways rather than marrying them off at a young age.
• The Medical Termination of Pregnancy Act, 1971 lays down the law regarding abortion in India. Right now, it is not easy to get an abortion even in cases of rape as this Act sets a number of conditions. However, this Act is soon to be amended.
• Domestic violence is prohibited by law and is considered to be a criminal offence according to S. 498-A of the Indian Penal Code. Certain provisions in the Indian Evidence Act and the Criminal Procedure Codealso deal with this issue. Finally, a legislation devoted to this issue was enacted in 2005 – The Protection of Women from Domestic Violence Act.
• Another common problem faced by married women is harassment from their in-laws for dowry. To battle this social evil, the Dowry Prohibition Act, 1961 was enacted, criminalising this practice. However, it still continues. It is important that parents do not give in to societal pressures and ensure that they do not provide dowry in any form.
• While Indian law does not criminalise pre-marital sex as long as it is between consenting adults, there are no laws regulating live-in relationships. However, courts have developed laws on this subject through decisions in cases to such an extent that the law against domestic violence applies to couples who are in live-in relationships and children born out of such relationships are treated as legitimate in certain circumstances.
Sexual Abuse and Exploitation:
• Various forms of sexual harassment such as singing lewd songs, eve-teasing, making sexual advances in spite of refusal, watching, capturing or sharing images and other media of a woman engaging in a private act without prior consent have all been criminalised by the Indian Penal Code. There is an entire legislation dedicated to sexual harassment in the workplace – Sexual Harassment of Women at Workplace Act, 2013.
• As parents, it is important that you are aware of your daughters’ activities on the Internet. Today, many crimes against women are committed by sexual predators through online portals. Online harassment of women is prohibited under S. 67 of the Information Technology Act.
• Any indecent representation of women is banned by the Indecent Representation of Women (Prohibition) Act, 1986. This law, as it is considered to be too narrow for this day and age, has undergone certain changes and an Amendment Bill was drafted in 2012 which broadened its scope.
• Ss. 375 and 376(2) of The Indian Penal Code criminalise rape. These sections spell out 7 years’ and 10 years’ imprisonment, respectively, as the punishment for rape. The key feature of these sections is the requirement for consent by the woman in question for the act not to be considered as rape. Thus, as a parent it is important that you explain the concept of consent to your daughters at an early age. Intercourse with a woman of unsound mind or a girl below 16 years of age is considered to be rape irrespective of consent being given. Unfortunately, marital rape has not yet been criminalised.
Property Laws:
• While traditionally, the rights of women with regard to succession and inheritance of property in India were next to non-existent, as of now, according to the amendments to the Hindu Succession Act in 2005, daughters have been given the same rights as sons with regard to inheritance and succession.
• The Indian Succession Act does not differentiate between the heirs of the deceased.
• Muslim women enjoy rights of inheritance though limited to some extent by custom and practice.
Women in the Workplace:
• Women in India have the right to earn as much as men and gender discrimination is also prohibited at the time of recruitment. Ss. 4 and 5 of the Equal Remunerations Act, 1976 lay down the law regarding this.
• The Maternity Benefit (Amendment) Act, 2017 has brought about certain groundbreaking laws which concern working women including the increase of paid maternity leave from 12 weeks to 26 weeks (S.5(3)) and ‘work from home’ options for new mothers (S.5(5)).
Organisations that help:
There are a number of organisations that work for the upliftment and protection of women such as the National Commission for Women, One Stop Crisis Centres (or) Nirbhaya Centres, National Association of Rural Women India, etc. There are also a number of NGOs working for women’s rights. Please keep your daughter informed of these organisations so that she knows who to approach in case of a crisis.
While keeping your daughter informed of her rights is a basic obligation of every parent, it is also important that you take a more active part in ensuring that your daughter has a better and happier future. By taking steps such as not providing dowry and by shifting the focus from marriage to education, you can do your part in breaking a cycle of abuse that has been going on for centuries. However, to ensure a complete change in society’s views on women, it is essential that you teach not only your daughters but also your sons to recognise the problems faced by women today and how to treat women with the respect that is their due.
For full procedure contact me through Vidhikarya.
You can get employment on your woman empowerment and not your academic qualifications. Please file the following DV case
Marriage and Family matters:
• The Prohibition of Child Marriage Act, 2006 defines a ‘child’ as a boy under the age of 21 and a girl under the age of 18. This means that the marriage of a girl below the age of 18 is considered to be child marriage and is prohibited by the law. There are certain contradictions to this rule in personal laws. However, it is important for you, as parents, to understand the importance of encouraging your daughters to continue their education and empowering them in other ways rather than marrying them off at a young age.
• The Medical Termination of Pregnancy Act, 1971 lays down the law regarding abortion in India. Right now, it is not easy to get an abortion even in cases of rape as this Act sets a number of conditions. However, this Act is soon to be amended.
• Domestic violence is prohibited by law and is considered to be a criminal offence according to S. 498-A of the Indian Penal Code. Certain provisions in the Indian Evidence Act and the Criminal Procedure Codealso deal with this issue. Finally, a legislation devoted to this issue was enacted in 2005 – The Protection of Women from Domestic Violence Act.
• Another common problem faced by married women is harassment from their in-laws for dowry. To battle this social evil, the Dowry Prohibition Act, 1961 was enacted, criminalising this practice. However, it still continues. It is important that parents do not give in to societal pressures and ensure that they do not provide dowry in any form.
• While Indian law does not criminalise pre-marital sex as long as it is between consenting adults, there are no laws regulating live-in relationships. However, courts have developed laws on this subject through decisions in cases to such an extent that the law against domestic violence applies to couples who are in live-in relationships and children born out of such relationships are treated as legitimate in certain circumstances.
Sexual Abuse and Exploitation:
• Various forms of sexual harassment such as singing lewd songs, eve-teasing, making sexual advances in spite of refusal, watching, capturing or sharing images and other media of a woman engaging in a private act without prior consent have all been criminalised by the Indian Penal Code. There is an entire legislation dedicated to sexual harassment in the workplace – Sexual Harassment of Women at Workplace Act, 2013.
• As parents, it is important that you are aware of your daughters’ activities on the Internet. Today, many crimes against women are committed by sexual predators through online portals. Online harassment of women is prohibited under S. 67 of the Information Technology Act.
• Any indecent representation of women is banned by the Indecent Representation of Women (Prohibition) Act, 1986. This law, as it is considered to be too narrow for this day and age, has undergone certain changes and an Amendment Bill was drafted in 2012 which broadened its scope.
• Ss. 375 and 376(2) of The Indian Penal Code criminalise rape. These sections spell out 7 years’ and 10 years’ imprisonment, respectively, as the punishment for rape. The key feature of these sections is the requirement for consent by the woman in question for the act not to be considered as rape. Thus, as a parent it is important that you explain the concept of consent to your daughters at an early age. Intercourse with a woman of unsound mind or a girl below 16 years of age is considered to be rape irrespective of consent being given. Unfortunately, marital rape has not yet been criminalised.
Property Laws:
• While traditionally, the rights of women with regard to succession and inheritance of property in India were next to non-existent, as of now, according to the amendments to the Hindu Succession Act in 2005, daughters have been given the same rights as sons with regard to inheritance and succession.
• The Indian Succession Act does not differentiate between the heirs of the deceased.
• Muslim women enjoy rights of inheritance though limited to some extent by custom and practice.
Women in the Workplace:
• Women in India have the right to earn as much as men and gender discrimination is also prohibited at the time of recruitment. Ss. 4 and 5 of the Equal Remunerations Act, 1976 lay down the law regarding this.
• The Maternity Benefit (Amendment) Act, 2017 has brought about certain groundbreaking laws which concern working women including the increase of paid maternity leave from 12 weeks to 26 weeks (S.5(3)) and ‘work from home’ options for new mothers (S.5(5)).
Organisations that help:
There are a number of organisations that work for the upliftment and protection of women such as the National Commission for Women, One Stop Crisis Centres (or) Nirbhaya Centres, National Association of Rural Women India, etc. There are also a number of NGOs working for women’s rights. Please keep your daughter informed of these organisations so that she knows who to approach in case of a crisis.
While keeping your daughter informed of her rights is a basic obligation of every parent, it is also important that you take a more active part in ensuring that your daughter has a better and happier future. By taking steps such as not providing dowry and by shifting the focus from marriage to education, you can do your part in breaking a cycle of abuse that has been going on for centuries. However, to ensure a complete change in society’s views on women, it is essential that you teach not only your daughters but also your sons to recognise the problems faced by women today and how to treat women with the respect that is their due.
For full procedure contact me through Vidhikarya.
Helpful
Helpful
Share
Kumar Karan Agrawal
Responded 5 years ago
A.You should contact the nearest Mahila Police Station and get an FIR (First Information Report) lodged against your husbandand relative of the husband under section 498( A) IPC for inflicting cruelty against you. No point to bother about those SMS as they are outdated now. In addition to it, you are absolutely eligible to Maintenance for yourself and your son. For that, you should file a maintenance petition under section 125 CrPC or section 24 HMA in the respective Family Court.
Helpful
Helpful
Share
Ambrose Leo
Responded 5 years ago
A.You have to defend your case with all aviable proof & documents in support,You have to become independent & self-sufficient and take help & assistance from a Expert family matter lawyer from the panel of Vidhikarya quickly on all aspects of the case,quickly.
Helpful
Helpful
Share
A.Dear Madam,
You can file DV case with following reliefs:
================================================
PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
A) to take cognizance for the offence punishable u/s 498A IPC and punish Respondent No.1 to 3 as per law and extend police protection to the deponent,
B) Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
C) Pass orders u/s 18, in totality against Respondent No.1 to 3,
D) Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
E) Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent No.1 as he is residing in the house of respondent No. 3, which is legally prohibited,
F) Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent No.1 falsely filed Divorce Petition.
G) The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
H) That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.
You can file DV case with following reliefs:
================================================
PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
A) to take cognizance for the offence punishable u/s 498A IPC and punish Respondent No.1 to 3 as per law and extend police protection to the deponent,
B) Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
C) Pass orders u/s 18, in totality against Respondent No.1 to 3,
D) Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
E) Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent No.1 as he is residing in the house of respondent No. 3, which is legally prohibited,
F) Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent No.1 falsely filed Divorce Petition.
G) The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
H) That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.
Helpful
Helpful
Share
Sanjay Kumar Jha
Responded 5 years ago
A.Dear Client,
You should approach to Mahila Thana/ PS stating in detail, for legal action, in DV Act., Secondly, u may ask claim maintenance from your husband for u and yours children. You should call immediately police or ask someone to call the police while harassing or beating on spot or help you to make video during .Or u may post complaint written by you through any responsible person.
You should approach to Mahila Thana/ PS stating in detail, for legal action, in DV Act., Secondly, u may ask claim maintenance from your husband for u and yours children. You should call immediately police or ask someone to call the police while harassing or beating on spot or help you to make video during .Or u may post complaint written by you through any responsible person.
Helpful
Helpful
Share
Vishwabandhu
Responded 5 years ago
A.Dear Client Tell me :-
1. is your husband having any other proof accepts sms with that guy ?
2. Have u sexual intercourse with that guy ? is there any proof of it , with your husband ? that is u and that guy should have gone to some hotel and stayed there in night ? and thus record of hotel register against u ?
3. What that guy is now doing now ?
4. Will that guy accept in court that u had sexual relationship with him ? or any other person will say in Court that u had sex with that guy?
Dear client let me know the facts to give u proper advice.
Dear client only sms or whats ap chatting or face book friendship is not sufficient to prove charges of adultery.
Any way let me know the facts.
1. is your husband having any other proof accepts sms with that guy ?
2. Have u sexual intercourse with that guy ? is there any proof of it , with your husband ? that is u and that guy should have gone to some hotel and stayed there in night ? and thus record of hotel register against u ?
3. What that guy is now doing now ?
4. Will that guy accept in court that u had sexual relationship with him ? or any other person will say in Court that u had sex with that guy?
Dear client let me know the facts to give u proper advice.
Dear client only sms or whats ap chatting or face book friendship is not sufficient to prove charges of adultery.
Any way let me know the facts.
Helpful
Helpful
Share
Pradeep
Responded 5 years ago
A.Filing complaint under domestic violence act will be one mode, provided u are ready to leave yours husband's home and live seperately. Secondly, u can claim maintenance from your husband for u and yours children. You must have proof of being harassed by your husband and other members of the family.
Helpful
Helpful
Share
Sushama
Responded 5 years ago
A.Hello
U can put a case before JMFC for domestic violence, and for maintenance for you and children.
Rest of questions will you tackle after going on proceeding.
If your financial condition is not good then you will approach to your respective state legal aid services.
U can put a case before JMFC for domestic violence, and for maintenance for you and children.
Rest of questions will you tackle after going on proceeding.
If your financial condition is not good then you will approach to your respective state legal aid services.
Helpful
Helpful
Share
Rameshwar Dadhe
Responded 5 years ago
A.By advocate Rameshwor dadhe dear mam adultery cannot affect on Ur maintenance. because SC said it is right to freedom or dignity of women. Don't worry. U can file alimony suit against the Ur husband
Helpful
Helpful
Share
sistla ramakrishna
Responded 5 years ago
A.You project your case with an expert advocate. You will definitely get maintenance. You need not worry about that 7 years back message. You got your own defense that even after that message you lead matrimonial life with him. Now even if he used that message against you, you can put forth your defense that he himself access to your mobile and he himself created that message by sending that message to your mobile from opposite side. He managed to send messages from your mobile and other mobiles also as he got access to your mobile as you were with him in the same house then. On that sole ground divorce will not be granted and maintenance will not be stopped. Take continuous expert legal advice.
Helpful
Helpful
Share
Read Related Answers
Divorce planning due to extramarital affair
Dear Client,
Yes, you can go without her.
Actually it depends how quickly you would like to finish the case.
There is no set standard rules with regard to number of times.
But it can be solved otherwi...
Divorce
Dear madam,
File maintenance case and domestic violence case. If necessary file 498 A CRPC case
Need Advice ..
U should file RCR petition. And send legal notice through lawyer
How to file a divorce petition?
Yes you can file a divorce petition and you will have to have a reason for filing the case. You can site mental cruelty as one of the reasons.
Domestic voilence
Dear Sir
Just file series of cases against him
Read Blogs on Divorce and Separation
Divorce and Separation Lawyers
Find Lawyers by Location
