Divorce Divorce

5 years ago

I had a live in relationship with my partner where i stayed with his parents. He forced me physically after which his parents consoled me that they will get us married. They spoke to my only living parent my mother. Since his wife had passed away only an yr before that they said we will have to wait. We also agreed as my dad had jus passed away. However i conceived. My partner tried to convince me to abort however i refused n said i will part ways n keep d child if he does not want. He then got involved with another women n started abusing me n torturing me mentally n physically. I moved out to another house nearby as my pregnancy started to show and i was afraid he would kill my baby to avoid embarrassment. He visited me one day n literally raped me in my 6th month of pregnancy when doctor had adviced against intercourse. I began to bleed..spot n doctor advised complete bed rest n cessarian. I then moved to another house without informing him. I was in touch only via phone. When i asked him to come for my delivery he refused saying that he moved on. He did not come to see the baby as well. I gave birth as a single mother and she does not have a legal father. I suffered from poor health and depression. After few months i disclosed my location. He began to visit me n baby. Then one day he said he is done with all his affairs and want only me in his life and asked my mother for my hand. Both the families began to prepare for d marriage. He forced me physically again and consoled me saying we will b married soon. I also began to give in. Then it came to light that he was having an affair with another women. He tortured me mentally and started demanding dowry. I approached the cops and he married me. However, he left me and took his girlfriend for a honeymoon. She later claimed that she is also married to him and has conceived. I approached d police and they finally filed an FIR after realising that he n his girlfriend is just torturing me. He did not take care of me or baby in cash or kind. When this continued, in 2016 they moved the papers to court. After a few hearings, the police told me that i should come to court only when i am called and for a year now its still with the court. I have not heard from them. We stayed together only for a month. All the rest of his visits he would convince me that he would change n then have physical intimacy. He would then abuse. He once took a knife to stab me and i ran out from the house. I am scared to stay with him. He also took me to the hospital saying he will do a vasectomy coz he doesnt want to use protection n i do not want to conceive again. I dont know wot he got done but i took care of him. He also got a tatoo of my name on his hand. This convinced me to try again but he continued to drink n abuse and kept in touch with his girl friend. For a year now we r truly separated. I want a divorce. He gave me 5lakhs in these 4yrs. He has not spent anything else. I want a divorce n child custody without any permission for him to meet my daughter. He is a bad influence. He shows porn to his 6yr old son n justifies it. I do not feel my daughter is safe with him in my absence. He is mostly drunk. He has created scenes infront of my house many times n i had to vacate. I had made police complaints on this too. But they took a bribe..warned him n let him free. Pls help on how i can get a divorce and if i can claim at least medical and education cost of the child from him.

ROBERT D ROZARIO

Responded 5 years ago

A.Both you and your daughter are entitled to get maintenance from your husband. As for the custody of your child, generally a child below five years are with the mother and after five years the father becomes the legal guardian. However before granting the physical custody of the child court follows certain guidelines to determine the interest and well-being of the child, before granting the physical custody of the child to anyone parent or joint custody.
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Anonymous

Replied 5 years ago

She was born before we got married and he is not on her birth certificate. We have done a DNA test as he accused stating he is not sure if he is d father and the result was positive. Can he claim custody?

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ROBERT D ROZARIO

Replied 5 years ago

Contact me through Vidhikarya for discussion

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ROBERT D ROZARIO

Responded 5 years ago

A.Contact a local lawyer from Vidhikarya.
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Manjula Shanmugasundaram

Responded 5 years ago

A.By reading your post, I understand that you have filed criminal complaint against your husband which is pending before the Court. But you have not filed for divorce. You have to file a Divorce petition along with a petition for maintenance with the help of an advocate who specialises in matrimonial cases. I think you are already having custody of the child. So, if he files for custody or visitation rights, you need to defend it strongly. Gather all your evidence and please file a petition for Divorce (on grounds of cruelty). Disclose all happenings in your petition.
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Anonymous

Replied 5 years ago

Thank u so much for ur response..would whatsapp messages, telephone conversations n photos b considered as evidence? I am in Hyderabad..are u available in hyd? Can u give a rough idea as to how much it will cost me to contest the divorce.

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Deepak Yashwantrao Bade

Responded 5 years ago

A.Your deemed husband is such monster.Why don't you file complaint directly to magistrate u/s 200 of crpc? Even you may file domestic violence complaint and demand separate house for safety purpose and maintenance for taking care of you and your children.even court will appoint protection office if you file domestic violence complaint.or you can contact take consult advise with expert lawyers of vidhikarya.
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Anonymous

Replied 5 years ago

The police filed a 498A and the case is not moving in d court as i do not have a lawyer. Its been a year now that i am living separately with my mother and daughter. I want a divorce, permanent child custody with no rights to him... Can i ask for maintenance? To get rid of his torture i told him i dont want anything and that he can give me wotever he feels like. He gave me 4lakhs + 1odd lakh in these 4yrs. I have a job now but income is not always guaranteed as i am not a graduate. I am worried about my daughters medical and education. Both r very expensive. I live in a hand to mouth situation as i have to take care of my aging mother as well. I am 40yrs old.

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Deepak Yashwantrao Bade

Replied 5 years ago

Yes you can ask for maintenance for yourself and for your doughters.if you want divorce then demand alimony which will be appropriate for you and your daughter's future.

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Anonymous

Replied 5 years ago

Approximately how much will it cost me to contest this case and get a divorce?

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