I am still earning and self sustainable in a sense. But I do not want that just because I am earning, the emotional and life damage he has caused to me goes unpunished. Basically you may not be eligible for maintenance amount from him for being employed and draw a handsome salary, however you can claim maintenance for your child. You do not have to wait for him to get an employment for that, if he has quit his job, it becomes his duty to maintain his daughter with some other means of income.
This aspect cannot be predicted by mere lawyers, may be some astrologers can predict and give you an answer about the future. He is criminally not liable to be prosecuted for cheating as the meaning ascribed to cheating in common parlance is a far cry from what it is in legal parlance. You can sue him for compensation by filing a case for domestic violence. Since he has treated you with cruelty and has abandoned his matrimonial duties he is liable to compensate you heavily. This apart, you may also claim maintenance from him.
As I said earlier, you can sue him for compensation to remedy the wrong done to you. In India the law of damages is not developed unlike in west, so you will get only peanuts in a damages suit. Nobody can foretell when the case will be disposed. The earlier you file the earlier will be the disposal.
Based on your experience in legal field, does this seem like a closed case that he indeed wants us to file for divorce or is he only acting out of fear? I am asking this since once I go legal, there could be no way I could restore this relationship due to bad blood.
Both of you have started taking defence steps to defend each other in the known or advised way towards the future litigation that both consider to file against each other, therefore wait and watch the development without interacting with him anymore.
His repeated evasiveness and lack of any positivity has led me to firmly believe that since their expectations were not met, maybe he does not want to continue in this relationship. He never contacts or speaks to me or my family. But since I never had this in mind, I obviously was not in business of collecting proofs or recording etc unlike him.
I feel extremely cheated that he so easily duped me and now I can't even prove that they all harassed me for money and this is the real reason behind his abandoning him.
Instead he has gone out to the whole world alleging I abused and tortured him. Feel helpless. Actually your email giving the entire account of your helping him monetarily provoked him to react that way trying to defend himself before being offended or slapped with dowry harassment offences.
You may send a restitution notice if he remains unresponsive. Should dowry harassment cases always be accompanied with concrete proofs? In that case what about innocent girls who do not have this in mind while starting a new pious relationship- They would never have proofs so to say.
Is the women's commission correct in this? Should I seek their help for mediation once and if my terms are not agreed either for living together or separation, only then approach court for filing any criminal case?
Need suggestions based on your experience and good faith. State women welfare commission will be of much help to the destitute and hapless women. In such cases like yours they may extend help to certain extend but they cannot provide you the desired help, they cannot enforce any right, you may have to approach court of police seeking proper relief.
Should I report this to the police and file a missing person complaint as well since I do not know where my husband is living for past 6 months? When should I do this - first file police complaint and then send legal notice for separation to his ancestral house address? He does respond occasionally to my father on email or phone call. First you send a legal notice to his last known address or in the probable address, if he is not responding or it is returned then you may approach police with man missing complaint.
Does that mean for a working woman, anyone can simply marry her and spoil her life forever by abandoning her at will? That court will not grant her damages just because she is working. What about the damage done to her life and emotions, the uncertain personal future that comes with it. You can very well lodge complaint against him for dowry harassment, cheating and breach of trust.
You can file DV case for violence and compensation for abandoning you after marrying you for the sake of extra dowry, seeking residential rights, seeking protection, you can file a civil case seeking compensation for the damages for the mental losses he caused to you in the name of marriage and abandoning you without any reason. There are lot of legal avenues open before you, but they are to be identified and utilised properly through an experienced and skilled advocate.
Such people will only spoil one more life if this it is so easy for men. Marry for money - if not fulfilled - provoke and record and accuse of mental torture and abandon wife - remarry new girl - seems to be my story.
He is at liberty to file for divorce on the ground of mental cruelty. Phone recordings can be used in court as evidence. The police can base its findings on the call recording only if they attribute a criminality to you.
There is no legal requirement to issue a notice for restitution of conjugal rights. If you want him to resume his conjugal duties then you can file a petition to this effect in the court.
A case for adultery can be filed only if you have sufficient evidence to prove it. Collect the evidence through a detective agency before going to court, else you will risk being prosecuted for defamation. Police will not investigate. I have already filed a complaint with state women's commission for dowry harassment and abandonment. They are expected to send him a summon soon. Can he still file a case of mental cruelty in the court on completion of 1 year of marriage while the commission enquiry is pending?
First of all understand that the state women welfare commission is different to court of law. A compliant before the commission will be inquired and investigated by them in accordance to the provisions and rules meant for them, they cannot exercise elaborate powers like court. They may summon and do the investigation, but it cannot restrict him from approaching the court with divorce petition on the ground of cruelty, if he files one, you may challenge them appropriately as per law.
You have rights to lodge police complaint also for dowry harassment and cruelty. He is trying to divert the attention away from the real issue to the fights that occurred because of the issue - and claim that as mental harassment. How does police investigation work - in the absence of any recordings with me in which he and his family asked for money under various pretexts while he has recordings of our arguments , does that mean police investigation can go in his favour?
Apologies, if this is a silly question. I'm naive in legal world. Let him do anything whatever he feels like, you can always challenge his moves in the court during trial.
Do I still need to send him restitution notice? He has not responded to me though is asking my father separately to visit him in his city exactly on the day of 1 year completion. We do not trust his intentions since he may whip up another allegation after the meeting for his own case of cruelty. This step taken by you will not bar you from initiating legal notice asking him to take you back because this will create a platform for you to defend properly at a later stage against his false cases.
For spousal support, judges in Michigan may consider either spouse's marital misconduct for example, wasting marital assets on gambling or an affair , and general principles of equity, but the ultimate alimony award, if any, must be fair and equitable.
If you would like more information on property division, alimony, and abandonment in your state, contact an experienced family law attorney. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Child Custody Child Support. Alimony Divorce and Property. Market Your Law Firm. Lawyer Directory. Call us at 1 Abandonment and Desertion in Divorce.
Learn more about abandonment and desertion in divorce proceedings. What Is Abandonment or Desertion? How are Abandonment and Desertion Different than a Separation? Filing an Abandonment Divorce Filing a divorce using abandonment as the ground for your request, you'll first need to file a petition for divorce with your local court.
Proving abandonment In most abandonment and desertion cases, you will need to prove that your spouse abandoned you for a specific period of time. Talk to a Lawyer Need a lawyer?
Start here. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Considering Divorce? If you lived together for more than six months, then any period of abandonment prior to that period of cohabitation will not count towards the two-year period needed. If your spouse has accused you of abuse or adultery, then the court would also consider this to be a good reason and desertion would not be the first choice of grounds for divorce — your solicitor will be able to advise you depending on your circumstances.
The intention of your spouse is important. The court needs to be satisfied that when leaving they intended to abandon the marriage. Any evidence you can gather to help show that will assist your case. Text messages, e-mails or other such communications can be used to help show their intention.
While not conclusive proof, it will be helpful to show to the court that your spouse has lived apart from you for at least two years. You may find it useful to keep a record of household bills in your sole name. You could also provide bank statements to show that no financial commitments, such as transfers to your bank account or payment of rent or mortgage, were being met by your spouse.
As part of the divorce process, your spouse is normally sent the divorce petition in order to give them an opportunity of responding if they wish to do so. This step ensures a court knows fair process has been followed. The petition is normally sent via post but it can also be sent in different ways, such as being delivered by hand.
If you do not know where your spouse is residing then there are some steps that can be taken in order to progress your divorce. This could be their friends, family or even co-workers. If you are able to get their last known address, even if you are unsure if they still live there, then the divorce petition can be posted there.
0コメント