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Author Topic: Domestic Violence  (Read 1978 times)

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Offline UML

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Domestic Violence
« on: July 30, 2013, 03:39:25 AM »
Hi

I am a post graduate. Lives in Hyderabad. Got married(Love marriage) to a TV anchor and movie artist in the year 2010. Being harassed before and after marriage. Filed 498a against my husband in Feb 2011 when i got admitted in hospital by his manhandling. And the same got closed as i agreed on mutual consent. Had a baby boy now with 20 mths age. My hus is an womeniser, but i don't have any proofs for that other than his phone bills which shows their calls while midnights. Recently he took one girl to a hotel and spent with her and for that i have proof of recorded phone calls which i spoke with her in which she admitted that my hus took her and sexullay used her saying that he will provide some offers of TV shows.

Now my husband is not coming to house. Initially he didn't allow me to enter into the house by locking with a new lock as i am also having 2nd key for old lock. This is the third time that he is not allowing me to stay in the house by means of locking it. or grabbing the key i hold. Now finally i broke the lock and entered and staying in the same house.

Point 1 - He says that he will not give the divorce from his end and will not stay with me and also he is not ready to take any responsibility of me and my son which he never did till date, but if i send the notice for divorce he is ready to sign on it for which i am not ready - No marital relation security
Point 2 - He is not giving any money for living or house hold expenses for me or my son. I am not working now. But was working till last year June - No financial security.
Point 3 - Not sure when we will come home, how his mood will be, how he react, when he manhandles at me - No life security, and no social security.

The house in which i am staying now is on my father-in-law name. Which is bought after my hus first divorce and he said orally that he kept it on his father name because at any time his first wife can claim against the property even though they are divorced as she is an US resident for which we don't have any proof in black and white. He is now saying that it is his father house and i have to leave from here and he will neither give divorce nor stay along with me.

My query is:
1. Can i live in the same house and claim for maintenance with out filing for divorce?
2. Do i or my son have any right on this residential property(on my father-in-law name) to claim for?
3. I don't want to go for divorce to maintain the social status for my son. Can i file DV again without filing for divorce against my hus and his family members who is mentally and physically harassing me since i got married?

Pls advice. If any more details are required pls provide ur contact no with appointment so that can call and provide the info which ever is required.

Pls revert

Regds

Offline advkartik

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Re: Domestic Violence
« Reply #1 on: July 30, 2013, 05:39:00 AM »
My query is:
1. Can i live in the same house and claim for maintenance with out filing for divorce?
ans: as a legally wedded wife you have a right to residence as well as maintenance, you will get both if you seek legal assistance from court, your husband will be duty bound.

2. Do i or my son have any right on this residential property(on my father-in-law name) to claim for?
ans: claiming your father in laws property won't be possible for you, but your son does have a share in it, after your father in laws death, but that is no issue you have a right to residence your husband has to provided that

3. I don't want to go for divorce to maintain the social status for my son. Can i file DV again without filing for divorce against my hus and his family members who is mentally and physically harassing me since i got married?

ans: DV has nothing to do with Divorce, yes for Physical harassment you can File for DV without divorce

Offline UML

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Re: Domestic Violence
« Reply #2 on: July 30, 2013, 06:21:49 AM »
Thank you so much for immediate reply.

2. Do i or my son have any right on this residential property(on my father-in-law name) to claim for?
ans: claiming your father in laws property won't be possible for you, but your son does have a share in it, after your father in laws death, but that is no issue you have a right to residence your husband has to provided that

For the above query u replied that my son does have right to share in property after his grand fathers death.

But if he now changes the property on to any others name - how can my son will have right for that?

And my hus is the only son for my father-in-law, and he is having sibling sister. Does she have any right on the property that my father in law had now? Can he share the same to her?

Who will have the right on the property on my husbands name?

If i file DV against my hus now, can he claim for divorce afterwards taking this as an excuse?

Regds





 

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