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Author Topic: Forced Divorce/498A/406/Domestic violence  (Read 1268 times)

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Offline bioengg2010

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Forced Divorce/498A/406/Domestic violence
« on: May 06, 2015, 01:37:24 AM »
I am a 28 years old woman married for last 2years. Ourís was a love marriage. My in laws started mentally torturing me and my husband just 2 months after marriage. They started blackmailing my husband to leave me and harassing me for dowry. My parents who had already given 25 lac cash and spent 60lac on our marriage (including the gifts/ jewelry/ clothes etc  given to my in laws and their relatives) my in laws started asking for a flat in Faridabad (worth 1 crore), an Industrial plot for my father in law to run a business (since he had retired by then) and to pay for the installments of the education loan and house loan of my brother in-law who was studying in US before our marriage but by the time of our marriage was working there and earning good salary. These demands were out of the reach of my parents who had already spent a handsome amount on our marriage.
When these demands could not be met my in laws poisoned me and fled to US over night. Though I was saved but I suffered a miscarriage and lost my baby.
Now my husband has sent me a divorce notice, which states we are filing for divorce on mutual consent and have been living separately for last 1.5 years (a date one month before the date I was poisoned). The notice also states that I have no claim on the stridhan.
I still love my husband and want to solve this forever. My in laws donít want to come to table to discuss the problems and donot take our call or reply to our messages and emails.
Please suggest what is the best legal way to solve this issue. Our lawyers have suggested filing a case under section 406 and 498A.
Please guide.

Offline Advocate M.Bhadra

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Re: Forced Divorce/498A/406/Domestic violence
« Reply #1 on: May 06, 2015, 07:02:07 AM »
Refuse to sign on the Divorce petition,without your consent your husband would not able to get a degree of divorce by mutual consent.If you have subject to mental torture by in-laws and husband and if your STRIDHAN is still lying in your matrimonial home then you can file a case u/sec. 498a and 406 IPC.You can also file a Maintenance Case in Judicial Magistrate Court.


M.Bhadra,advocate at Kolkata,9836589246
« Last Edit: May 06, 2015, 07:04:19 AM by Advocate M.Bhadra »

Offline saravanan.s

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Re: Forced Divorce/498A/406/Domestic violence
« Reply #2 on: May 07, 2015, 11:16:36 AM »
yes your lawyer is right in asking you to file 498a and 406 for sreedhan recovery.you also file dv case against your husband.even in future if he insists for divorce through mcd and if you decide to do so the mou for the mcd must be arrived by discussing with you.

Offline manishsqrt

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Re: Forced Divorce/498A/406/Domestic violence
« Reply #3 on: May 10, 2015, 08:31:46 PM »
I dont think there should be any problem when they already wants to get rid of you and you also want divorce, just file the case and as you are describing the situation get consent from your husband.

 

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