Family issue
4 years ago
Hi am 29 years old. I got married 2 years before. Even though it's a love come arranged marriage, we had more controversy between us, he is not even giving respect to me. Not considering anything about me. He just want his life to be happy and his needs to be fulfilled. But I dont like it. Am working, we have a child he is always threatening me that, if I apply for divorce then he will get my child using his influences. I am really fed up because of him. I get more mental pressure due to that. I don't know what I have to do. He is not allowing me to take care of my parents. He wants his family and himself to be happy. I really confused now what to do?
Adv. Sarika Khude
Responded 3 years ago
A.You may file DV case
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A.Dear Sir,
You may file DV case seeking following reliefs.
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PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
2. 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/-.
3. Pass orders u/s 18, in totality against Respondent1 to 3,
4. 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.
5. 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 Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
6. 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 Respondent1 falsely filed Divorce Petition.
7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.
You may file DV case seeking following reliefs.
================================================
PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
2. 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/-.
3. Pass orders u/s 18, in totality against Respondent1 to 3,
4. 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.
5. 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 Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
6. 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 Respondent1 falsely filed Divorce Petition.
7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.
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Shreyash Mohta
Responded 4 years ago
A.Dear Client,
You have a strong prima facie case.
If you want to take divorce then there are two ways to do the same.
1. Mutual Divorce - This is less expensive, less time consuming and less harassment to both the parties. The terms of settlement are decided beforehand and it usually takes 1 year to 2 years.
2. Contested Divorce - This involves cost and allegations. The other party will not be ready to grant for a divorce and this Divorce Case can remain pending for even 3-4 years depending upon various circumstances.
As far as your child is concerned. Taking into consideration your marriage has passed just 2 years, your child is a minor and has not even attained 5 years of age. Under very rare circumstances does the court give guardianship of such a minor to a male parent. The mother of the child id the natural guardian minimum up to 5 years of age. It is only after five years can your husband think of filing a custody case. At present your custody case is strong and both facts and points of law are favoring you.
Under the said circumstances I believe it is best if you file for a mutual divorce making your husband agree to leave the custody of the child with you. If not you can fight it out in court where the laws are favoring you.
You can seek my help in future if need be.
Thanks
Adv. Shreyash Mohta
You have a strong prima facie case.
If you want to take divorce then there are two ways to do the same.
1. Mutual Divorce - This is less expensive, less time consuming and less harassment to both the parties. The terms of settlement are decided beforehand and it usually takes 1 year to 2 years.
2. Contested Divorce - This involves cost and allegations. The other party will not be ready to grant for a divorce and this Divorce Case can remain pending for even 3-4 years depending upon various circumstances.
As far as your child is concerned. Taking into consideration your marriage has passed just 2 years, your child is a minor and has not even attained 5 years of age. Under very rare circumstances does the court give guardianship of such a minor to a male parent. The mother of the child id the natural guardian minimum up to 5 years of age. It is only after five years can your husband think of filing a custody case. At present your custody case is strong and both facts and points of law are favoring you.
Under the said circumstances I believe it is best if you file for a mutual divorce making your husband agree to leave the custody of the child with you. If not you can fight it out in court where the laws are favoring you.
You can seek my help in future if need be.
Thanks
Adv. Shreyash Mohta
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A.Hello,
Firstly try to settle the matter amicably between you and your husband. try to make him understand involving parents and relatives.
If you failed to do so, then go for Mutual Consent Divorce and Joint custody of your child.
or, if you want to take action against your husband then file a complaint in the police station for causing you mental agony by abusing and for domestic violence,
Thanks & regards
Firstly try to settle the matter amicably between you and your husband. try to make him understand involving parents and relatives.
If you failed to do so, then go for Mutual Consent Divorce and Joint custody of your child.
or, if you want to take action against your husband then file a complaint in the police station for causing you mental agony by abusing and for domestic violence,
Thanks & regards
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A.Hi client,
You can apply for divorce by consent or mutual.
If your child is below 5 years you will automatically get his/her custody.
Thank you
You can apply for divorce by consent or mutual.
If your child is below 5 years you will automatically get his/her custody.
Thank you
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Suneel Moudgil
Responded 4 years ago
A.if you want to rejoin matrimonial knot, then,
try to settle the matter amicably with your husband involving elders/relatives/friends etc and start afresh, and if, failed, file Restitution of conjugal rights petition in the Court,
and,
if you want to terminate the matrimonial knot, then,
try to settle the matter amicably with your husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you are advised to file/claim
498a complaint (for causing mental, emotional, physical and monetary abuse, etc)
Domestic Violence case (for causing mental, emotional, physical and monetary abuse, etc)
you have rights to claim residence, protection, compensation, maintenance, etc
if you do not want to opt the divorce presently, you can ask for judicial separation also,
Call/mail for a detailed discussion/understanding
try to settle the matter amicably with your husband involving elders/relatives/friends etc and start afresh, and if, failed, file Restitution of conjugal rights petition in the Court,
and,
if you want to terminate the matrimonial knot, then,
try to settle the matter amicably with your husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you are advised to file/claim
498a complaint (for causing mental, emotional, physical and monetary abuse, etc)
Domestic Violence case (for causing mental, emotional, physical and monetary abuse, etc)
you have rights to claim residence, protection, compensation, maintenance, etc
if you do not want to opt the divorce presently, you can ask for judicial separation also,
Call/mail for a detailed discussion/understanding
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Anindita Chakraborty
Responded 4 years ago
A.You can get divorce and apply for child custody as well .
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