MyNation Foundation Forum » Advice » 498A

Delayed justice leading to grief, pain and fear.

(47 posts)
  • Started 7 years ago by priya
  • Latest reply from atit.rajpara
  1. priya
    Member

    Hi i am Priya. I reside in Rookee,Uttranchal. I got married in Feb 2007. But unfortunately my marriage finally came to an end after one year. The main reason was repeated demands of huge cash or a flat in Delhi with a luxury car. But i belong to a middle class family so my parents could not fulfill my husbands and his family's demands. All this led to their frustration and anger to such an extent that they brutally beated me up, insulted and gave severe dirty abuses. My husband had several times thrown me out of the house with a threat to get me murdered soon.

    I filed a divorce petition under section 13 in april 2008. But in nov 2009 in some corner of the court his family members assaulted ma father physically n threatened to close the case...So after seeking proper advice we filed a FIR with reference to past records of husband and in-laws behaviour with me. Then after filing FIR they had sent some man 2-3 times to my father to threaten him to face horrible consequences if I do not withdraw the FIR. But i did not because i want to fight for my rights.

    The husband's family had then fooled us by saying that they are ready to mutually agree n close the case. They agreed to pay me 12lacs and my belongings. But they refused to return all of my gold.. i still accepted the deal. But later we came to know that they were just buying time for filing quashing of FIR to high court. So they finally got the stay order.

    Now the situation is...due to their expert lawyers...the section 13 case didn't start at all. The proceedings have begun now after 2 years in jan2010. In criminal case the charge sheet has been filed by the police in first week of Feb 2010(acc. to my knowledge). The husband is saying if he gets arrested now he wont give me a single penny for my permanent alimony.
    I am not working right now because i don't want to go out and meet people. I have withdrawn myself from society. And entire burden of my maintenance and court fees has come on my parents. So i want my alimony. I have filed for a guinuine amount of 15lacs with all my gold and belongings.

    Now i dont know what will happen now in both the cases...whatever lawyers we hire...they bribe them.
    I am in severe depression because i am not getting justice from anywhere. nobody is helping me. I am all the time in fear what if they get me or family murdered or do some harm to them.

    Kindly provide guidance and help.

    Posted 7 years ago #
  2. Adv.Kachave
    Blocked

    I have gone through your matter , you may expidate your matter by filing petition before the High Court and the matters will over soon.

    9821387099, 9224799546

    Adv.Ramchandra N.Kachave
    98, 2nd floor, Esplanade Mansion,Kala Ghoda, Near City Civil Sessions Court,
    Mumbai-4000023
    Posted 7 years ago #
  3. priya
    Member

    Thank you Sir for ur response. I have already taken high court jurisdiction for completing the case early. They are slowly working on it. But the question revolves around the thing that in my marriage and after expenses and gifts n all...my parents have lost around 20lacs..So it would be really kind of you to suggest a way to get atleast some portion of lost money.

    Posted 7 years ago #
  4. 498A_Crusader
    Administrator

    You can produce list of Sridhan which is held by husband family; and threat to life and calls can be recorded and produced to court or police and can be asked for protecion and take action.
    you can ask Intrim maitenance till you get final judgment and also travle and other allowences of Proceedings.

    Posted 7 years ago #
  5. priya
    Member

    Well, i had already asked for interim maintenance and litigation expenses a year back. But i ve received none so far. His monthly income is over 70-80k. But in the court he has shown that he earns only 10k out of which only 4k remain with him after his monthly expenses. I dont want huge amounts from his salary...just some % so that i can reduce the financial burden on my parents which they are continuously bearing for me.

    Posted 7 years ago #
  6. sanjaymehra
    Member

    Dear Priya,

    How does one sympathize with you ? We are here in this group, because we face what you are facing for years without anyone's sympathy or pity. We are arrested, looted and blackmailed, because we happen to be decent men. You have met your match in your husband and you still want money.

    We men give money in every case, even where it is not deserved and nobody wants to listen to our depressions and withdrawal from society symptoms. Unlike you, we can't sit in a room and expect somebody to bear our expenses, ask for alimony because our marriages have not worked out. We have to go out to work and somehow take care of ourselves and our families.

    So get real, my dear and go out and get a job. Maybe you would be more deserving of sympathy for a bad marriage if you do so. And you may not need your husband's money also, thus saving you a bunch of hassles.

    warm regards

    sanjay mehra

    Posted 7 years ago #
  7. 498A_Crusader
    Administrator

    Yesterday i wrote one side or reply saying what a harassed women can get.
    Please refer http://mynation.net/docs/ for the judgments where it says.....
    Educated / capable and women who left husband home will not get any money....
    May be thats why you did not got any intrime maintenance.

    We seen many women desert husband but they falsly claim husband kicked her out.
    They run away with husbands all valuables still they claim husband kept her gold and valuables.
    They falsly claim they are threatened
    and also say husband family Bribe Police / Lawyer / Judge.

    If You are a real Victim then prove it with Proofs you will get Justice.

    Posted 7 years ago #
  8. priya
    Member

    I think you are mistaken Sanjay mehra and Mr. crusader. We are not asking for alimony infact we are asking for the money which our parents beared on marriage and the lumpsumps which they gave my husband so that marriage could sustain. In total my parensts have given him 5 lacs and plus our expenditure for marriage was 15lacs. And still we r not asking full money. So after that too i should be thrown out, abused, beaten up and then deserve no compensation. My husband wanted me to marry because of my status n only daughter....greeds.
    When you guys cant understand my situation i think i was a fool to believe that such forums have genuine and real understanding from our fellow citizens.
    I didnt desert my husband infact he did. I had filed for interim maint late because i dint know such things are provided so i filed it a year later but then their expert lawyer didnt let it being accepted by the court. But now it has been after seeing my true evidents.So i guess soon it will be decided. But thanks for ur negative responses.

    Posted 7 years ago #
  9. Adv.Kachave
    Blocked

    Dear madam,
    I have sympthy with your feelings, u dont blame this forum, mejority boys send their problems to this forum who are victims, so it is not need to blame the forum, if you are really have injustice at the instance of your husband, if you have to recover damages you may do so by filing civil proceeding or you have to file application before the family court.
    9821387099, 9224799546.

    Adv.Ramchandra N.Kachave
    98, 2nd floor, Esplanade Mansion,Kala Ghoda, Near City Civil Sessions Court,
    Mumbai-4000023
    Posted 7 years ago #
  10. yodha
    Member

    specific to your questions about marriage expenses and compensation of cruel marriage:

    1. there is no compensation to any party even if cruelty is proved... if it is criminal they could be punished or fined. The IPC 498a for cruelty on woman ends in less than 1% conviction. There is no compensation in that either.

    2. marriage expenses: there is no law or judgment where it has been returned to either party. REad HC judgment below:
    http://nyayayodha.blogspot.com/2010/01/marriage-expenses-cannot-be-returned-to.html

    if you know of any judgment otherwise, let me know

    Posted 7 years ago #
  11. 498A_Crusader
    Administrator

    Priya;
    do you know giving dowry is a CRIME under section IPC 498A equal to taking or demanding it.

    We comment not only based on your every words but from our experience and knowledge.
    We are not biased to anyone, we give both type of advice. it is upto you which one to take.
    coz we never know what happend in reality.
    we beleive in equality and Justice to all we are not like NCW or WCD. If we are biased then we would have deleted or moderated your post.

    Posted 7 years ago #
  12. priya
    Member

    I agree that this forum is not biased. However, some people instead of offering support pass on contempt. Anyways, i have proofs of my husband's mis-conduct. I have presented them in the court. Lets see how the cases turn up in my favour. I have full faith on Indian laws and justice of the courts. The truth will win ultimately.

    Posted 7 years ago #

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