• Divorce

I got married in June 2016 with all the rituals but it was not registered under Hindu marriage act. After a weeks i got to know he married me only for my salary. I worked for an MNC company. He never ever showed me a love, caring, affection. 3 months it went like that with lot of misunderstandings. In the mid month of September he beaten me for nearly two minutes and my head was dashed in the wall when he beaten me. That time I was suffering from fever and mensuration problem. He knows very well still he beaten me during that time. The next day also he started to beat. That time maternal uncle called me and he came to know. Next moment my dad called me and he came to know. Hence the next day my parents took me from Chennai and right now im in my hometown. From that date till now no messages or calls from him. I would like to separate from him and I want to apply divorce. But he is not ready to give. His mom is asking the amount which they spent for marriage from me. But the marriage expenses are barred by both the parties equally. My parents are getting scare to apply divorce. Please assist me on this.
Asked 2 months ago in Family Law from Karaikudi, Tamil Nadu
Religion: Hindu
I am not sure why you kept silence for all these days.
This bloke does not deerve any sympathy or second chance.
Do lodge a complaint u/s 498A, 326, 406 ipc IN cHENAI.
File case under PWDV Act.
File suit for divorce as well.

Do not let him go so easily.
Devajyoti Barman
Advocate, Kolkata
5231 Answers
54 Consultations
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file complaint against your husband under section 498A for continuous acts of cruelty

2) also file Dv case against husband and seek protection order

3) seek compensation for mental torture undergone by you 

4)_ only in exceptional circumstances can you file for divorce before expiry of one year of marriage 

5) you should reply to his messages mention about instances of physical assault on you and that you fear for your life in your matrimonial home 

6) file for divorce on expiry of period of 1 year 
Ajay Sethi
Advocate, Mumbai
23302 Answers
1220 Consultations
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1) husband cannot claim marriage expenses from you 

2) even if you file for divorce on expiry of one year you dont have to pay any such expenses

3)file for divorce on expiry of one year of marriage on grounds of mental cruelty 

4) file complaint under section 498A against husband as advised

5) i presume your jwellery is with you only 
Ajay Sethi
Advocate, Mumbai
23302 Answers
1220 Consultations
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Since you got married recently and your marriage has not completed one year you cannot apply for divorce within one year of marriage, however owing to the prevailing circumstances you may apply for judicial separation.
Since he has assaulted you and meted out cruel treatment, you can very well lodge a police complaint against him and can get him punished for his crimes agaisnt you.
You can even implicate his mother for dowry harassment offences along with your husband so that they realise that women that too young and newly married girls are not their toys that they will play with at their will or pleasure.
Consult your elders and immediately initiate proper legal action agaisnt him so that you would get relief from the future tortures also
T Kalaiselvan
Advocate, Vellore
14077 Answers
127 Consultations
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Thank you Sir for your quick response!. My parents are getting scare to file for a divorce. He and his mom are asking marriage expenses from us and he is not ready to give divorce. If I apply for divorce do I have to pay the jeevanamsam to him if he refused to give divorce.

If there is no scope to live with him a happy married life and expect more tortures if you continue to live with him, then it is better you decide to snap the ties and sever his relationship by filing a divorce case on the grounds of mental and physical cruelty.
But you may have to wait for the completion of one year period from the date of marriage for filing divorce petition seeking dissolution of your marriage by  decree of divorce. 
There is no question of you giving him alimony or maintenance, in fct it is he who is bound to give you the alimony or maintenance amount.
T Kalaiselvan
Advocate, Vellore
14077 Answers
127 Consultations
5.0 on 5.0
Divorce cannot be applied, except in exceptional circumstances, unless a year has expired from the date of marriage. So you have to wait till June 2017. You are not bound to return the marriage expenses if the same were jointly pooled by both families.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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