• How can I put 481a against my husband who left me 3months back

Dear All 
I am from Delhi. I have married my soul mate in Nov 2015. The marriage happened in a Gurudwara in the presence of both our families followed by a lavish party in the night. I am from a Bengali community and to make the family life easy and comfortable my family members spent close to 7L rupees to settled me as the boy barely had anything to spend.
Post marriage he started showing his true color, because my monthly earnings were more than him, he started putting all expenses on him that counts to pay starting from his Car EMI to rentals of the flat. At the same time he continued to leave his personal life at his own terms like going out what his own friend circle and spending money on drinks and in parties.
I had to serve his parents and brother who used to put lots of mental and sometimes physical torture to fulfil their demands.
Situation gone in that stage where I had to consult with the psychiatric to save my family life and job as it was an undesirable situation where I have been forced to stay with him.

3months back without informing me he left my place and started staying separately. I have been waiting since then but recently I came to know from one of my close friends that he is thinking for the separation.

My questions are,

1. How can I go ahead to put divorce case against him?
2. How can I recover the money being spent on the marriage occasion which would be closed to 7L
3. How can I enable 498a as the body marks are now bit old which happened because of the domestic violences.
Asked 7 years ago in Family Law
Religion: Hindu

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4 Answers

1. Even if your body marks are old, you can visit your nearest Govt. Hospital to get yourself treated and get a prescription/certificate from the said hospital stating that those are the marks of injury caused by hitting by blows or an object. Actually you should have taken the said certificate immediately after its occurrence.

2. After collecting the said medical prescription/certificate, you can lodge a police complaint u/s498A either visiting te police station or by sending the complaint by speed post to the police station under copy to the local S.P./D.C. and collecting the postal track record thereafter.

3. You can claim refund of dowry you have paid to him alleging that you have paid in cash. You can not claim the amount paid by you voluntarily on your marriage from him.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1) you cn afile for divorce on grounds of mental cruelty before family court in delhi

2)you cnnaot recover the marriage expenses as you spent the money out of your own free will

3) you can file 498A case against husband for continuous acts of cruelty as he has destered you after 1 year of marriage

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Dear Concerned,

1. Yes you can file divorce but Divorce proceedings are not suggested at this stage.

2. You should file a complaint of Domestic Violence mentioning the instances of Domestic Violence.

3. 498A can still be used as there has been cruelty that has been inflicted upon you, In reference there is no time boundation for Cruelty complaint however your evidences should be strong.

It is suggested to connect with us for free consulting on your subject

Best of Luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

If you had suffered cruelties in married life you can file a divorce petition on the grounds of cruelty.

The amount spent by you on marriage cannot be claimed now because it was not force on you but due to break up you want to recali it, hence the claim may not be justified even by law.

You can lodge a criminal complaint against him under section 498a even at this stage, forget about the body marks.

You can file domestic violence case also against all those who tortured you.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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