HI, I got arranged marriage two years back. From the first day I was facing avoidance from him and his family. My husband was working in Delhi and I was there for just two months and he took me back and left me in Kerala justifying that he is trying for transfer so stay in Kerala at my home. I believed him. The same month I got pregnant. I requested him come to Kerala, he said he cant afford leave as he is in shortage of leave. As days passed on, he was saying one or the other reason. for medical check ups he never send money also as he said he doesn't have, so please adjust. then I asked my parents for money from starting of pregnancy till delivery of child all expense was done by them. in between once I went Karnataka to stay with him and there I noticed that in his phone new numbers in were there WhatsApp (chatting) of unknown women but the messages were deleted by him and when I enquired him he was like unknown numbers. Additionally I enquired with neighbors and got confirmation of regular visits of women, For asking this we had fight in house and and in the seventh month of pregnancy he kicked me in stomach, and I got medical emergencies . Again the next month he took me back to Chennai and left me at my home. and he went again saying that the letter for transfer is under progress so he have to go soon and the pregnancy's complication increased and when I said him to come he refused to come. the premature birth of baby can happen the doc said. Then the Ayurveda medication was going of some months. And these all expenses were taken by my parents only. now I came to know he was having illicit relationships with prostitutes in Karnataka. and recently I got the HIV medicine pics from his Gmail draft. when I asked this he was saying pharmacist would have send that it. I cant tolerate his tortures and I planed for divorce. he is a man with all habits which i was not able to tolerate, and now its life threat for me and my one year old baby. Now he is saying he want the child.as he have a elder sister who is settled in Hyderabad and she is medically unfit to be pregnant. Its a planned threat of handing over child to his sister. please share your Guidance sir, first we had applied a non mutual case for which summons date is received to him but now he is agreed to mutual agreement, and we don't want anything from his side to live, as I am a educated mother( completed Masters Degree) and i can take care of my child. is it possible , sir to get custody of child to me(after 5 yrs) permanently without any visiting rights to him as he is not asked to pay any alimony?
- Is it possible to withdraw the non mutual case already filed? for which Advocate is paid half fees?
- If yes, then can I go for another Advocate if he refuses to sign?
-If I go for putting case against him including attempt to murder me and my child and kidnap of child what would be the sections filled?
- Will the name of the medicine that I got consider as proof in court?
Asked 12 months ago in Family Law
The 1 st petitioner is S/o.Hindu aged about 32 years
The 2 nd petitioner is D/o Hindu aged about 27 years
The Address for service of the petitioners counsel is M
1. The petitioners submits that the marriage was solemnized between them on
30.08.2018 at Sri Krishna temple, Thrissur District, Kerala per
the Hindu Rites and customs and registered Folio
. The petitioners further submits that out of the wedlock a male child named born on living with the 2 nd
petitioner. Now the petitioners are living separately for more than one year.
2. The petitioners submits that after the marriage there were irreconcilable
differences between them and during mediation counseling given by the elders
of both families there was no possibility for reunion .
3. The second petitioner has taken all her articles and jewels . Both the
petitioners have no other claim against each other in future.
4. The petitioner submits that the second petitioner is not claiming any
maintenance from the first petitioner in future , including maintenance for her
and for her male child and the custody of the male child is with the 2 nd
5. The petitioners submits that there is no coercion or compulsion or collusion
in filing this petition between them and they have filed this petition on their
own will and the consent has not been obtain by fraud.
6. The petitioners submits that there is the only petition filed by the petitioners
before this Honorable Court for divorce by mutual consent and no other
petition was pending before any other court.
sir, please guide as this above is my mutual divorce petion i want to know the following details:-
1) thereafter the petioner 1 will not have rights to lay any rights on me and my child..
2) would i be able to add that " i dont want any vistitation right given to him for seeing child, as it will affect my child growth and my future.
these above two line can be added or not? please share and guide.
Asked 12 months ago