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Author Topic: Initiating divorce - Husband abandoning and under huge debt for his own family  (Read 1107 times)

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Offline NB_Fix

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Hi,
I've been married for 9 months now. We are well educated couple and both of us were working. My husband resigned from job sometime back.
Issue being Immediately on next day of marriage my husband declared that he was financially bust and was under a debt of a couple of lakhs. He did not declare financial condition before and infant he and his family acted well to do etc. He is highly educated and a monthly income of 2.5 lakhs till last month. I forced him to repay debt as much as he could. However his family keeps putting pressure on him for all kinds of things and he keeps taking debts much to my annoyance. While he does everything for his family we had severe fights and arguments even for regular monthly expenses and i had a bad time getting him to pay for just those. As if this all was not enough, unfortunately his mother was detected with cervical cancer (Stage II) and will get cured. However my husband has abandoned me for past 2-3 months and only living with his family. Our arguments grew after this since I expected him to balance his responsibilities towards me (which he never realised). He is now using the last 2 months of arguments to claim that he has been mentally tortured and abused and is under depression. He is claiming this more as a defense since in my frustration i threatened him of 498a since he declared after marriage of his financial status and asked me 2-3 times to financially help him (to cover debt that he took for marriage - without informing me or my family).  It was an emotional outburst but he started building up defence and today i suspect him building a case of mental harassment against me. He has abandoned me for last 3 months , taken away his financial assets to another city  - car, valuables etc without informing me and is not responsive on emails and phone calls which I do to convince him to get back home. He also is using his mother's illness to tell me repeatedly that he can't come back and that i torture him. His cousins have told me that he plans to take up a job in Delhi only and live there only for sometime. He also has undertaken even more debt for his mother's treatment without my consent or knowledge. Another point to be noted is that from day 1 our arguments were not only around his finances but also his state of mental health - he would not sleep for nights and throw things in fit of anger making me feel unsafe etc. He harmed himself as well a couple of times. He is very attached to mother and now the depression is more coz of her health. But he is blaming on me after my emotional outburst. We have exchanged a lot of angry messages and texts because I am disappointed by his behaviour but still wanted him back while he had no responsibility towards me as well as my future (debts etc). His parents and sisters have taken all the money he had left.
I have now decided to get separated. Can someone help me understand the below-
1. Can I build a case of Fraud and Cheating against his and his family since they did not reveal their financial status despite our asking and faked, only to try and extract all the expenses from me after marriage? I have not yielded and gave nothing and made him repay as much as we could.
2. Can I claim damages?  How much should I claim given his income levels? Pl note he has now resigned (deliberately to save himself from alimony I think) while I continue to work. My income is around 50k.
3. His parents and sisters are not even asking him to come back home to me. Nor are they receiving my family's call for any dispute resolution etc. We do not even know what is on their mind. I continue to live alone.

Thanks
In a fix.

Offline advlaxmanadvani

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1. Can I build a case of Fraud and Cheating against his and his family since they did not reveal their financial status despite our asking and faked, only to try and extract all the expenses from me after marriage? I have not yielded and gave nothing and made him repay as much as we could.

Ans: YES

2. Can I claim damages?  How much should I claim given his income levels? Pl note he has now resigned (deliberately to save himself from alimony I think) while I continue to work. My income is around 50k.
Ans: YES

3. His parents and sisters are not even asking him to come back home to me. Nor are they receiving my family's call for any dispute resolution etc. We do not even know what is on their mind. I continue to live alone.
Ans: You did not put up a question on the third one.

Now let us see what should be your end result what do you want to achieve before approaching the court blindly, with random filing.

That could be very risky for you cause approaching court blindly may become a one way traffic for you.

years later you may regret getting in was easy but getting out of court ... where is the way?

So simply answer to this what are you planning is it divorce with compensation
or is it divorce-punishment- compensation

or anything more.

planning is important, Indian courts are not a very easy place
Advocate laxman Advani
 Ahmedabad legal Practitioner

Offline adv.amarnath

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Your situation will be more critical than they are now. Before your husband hits you, it is will be better for your security, you hit him first. If your husband is well educated and well bodied then he cannot escape from his liabilities/ duties/ responsibilities from maintaining you. All you need to file a Maintenance Petition under Section 125 of Cr.PC and you will claim half of his income. You need not to disclose about your husband is presently jobless. You must claim half of his income money when had married. It is not your headache from where he will pay now.

Second, you have to file a complainant before local police station stating about your mental as well as physical cruelty  which should be treated as FIR under Section 498A IPC. The complaint should be drafted in such way where ingredients of 498A should be covered up. Better to consult a criminal lawyer.

After taking these steps, your husband will automatically file divorce case on the ground of cruelty. You have to contest the case accordingly. For further query or suggestion, you can contact me over phone or email.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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