Legal Question in Criminal Law in India

Sanjay Kalara Sir,

I was married in Feb 2009, my husband is attached with another girl, thatswhy we began start quarral abt this matter. He torcher me ki mujhe aise hi rehna hoga. we are not staying with his parents because they are staying in village. i got preganent but his behaviour is like that he didn't change. i m working lady.uska mere sath behaviour bahut ganda hota ja raha tha. uski family usko hi support karti thi. meri family money wise aur manpower dono s week ha. isliye uske parents ko unki expectation ke according nhi mila they were not happy with me. hamne shaadi mein 8-9 lacs lagaya tha , car, furniture, jewllery sab diya tha. but unke pass property bahut hai isliye they feel that ki unhone ristha kamzor ghar m kar liye. mere husband n mujhe 8 months ki preganancy mein maar pitai krke nikal diya meri delivery mere mother k ghar par hui .aur mujhe beta hua. uske baad unhone kafi pressure diya aur main mutul consent mein divorce paper sign kar diye. because that time i was totally depressed. unhone mujhe mera saaman wife kar diya lekin na taw jo kharcha hua shaadi mein woh diya na mera istri dhan jo un logon ne diya tha . woh bhi nhi mila. but second motion par maine divorce petiiton withdraw kar li. aur maintaince ka case file kar diya sath hi 498A/406/523/34 mein court k thrugh FIR Loadge kar di. ab mein janan chahti ho ki is case ka 498a/406/523/34 mein hai uska kya result hoga . aur mujhe kya karna chhaiye ki mujhe mera haak mil taki mein apna aur bache ka sahi s parvarish kar sako

Thanks & Regards


Asked on 4/29/11, 12:07 am

3 Answers from Attorneys
Vishwa Arya Arya & Co.

It is touching. As regards 498A/406 the state through prosecution will conduct the case and you will have to go to the court for evidence. However, it is advice that you follow up the case as to keep knowing the up date and status.

Your other rights are to claim maintainance for yourself and your child under Cr P C. You may also seek compensation and right of residence through Domestic Violence Act.

However you may also seek one time settlement by approaching Mediation Centre for mediator to get the settlement in total.

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Answered on 4/29/11, 12:26 am
Sanjay Kalra Sanjay Kalra & Associates

I had asked you to send me your story on my email id.

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Answered on 4/29/11, 12:30 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

apart from the criminal case, you need to file a petition for maintenance in the court and in this situation where he had intimidated you to file a petition for mutual consent and also abused you in your pregnancy, you may file a complaint under domestic violence act and elaborate all the facts there in the complaint and seek reliefs viz. residence, compensation, maintenance, restraint orders etc.....

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Answered on 5/02/11, 2:16 am


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