• Abusing, separation, divorce

I am married for last 16 years and have daughter of 10 years old.I am a house wife and have no job. Since last one year my husband is having affair with someone and he started abusing me all the time he is at home. Some times he becomes very violent and tries to strangle my throat. For last 3-4 months he has become more aggressive, verbally and physically both. He is even sometimes violent towards our daughter also. now he comes home only after 23:30 hrs and if you ask him anything he immediately reacts aggressively even in front of our daughter. He even calls my elderly parents and will always ask them to take me back to there home so that he call sell the flat and go away from the house without us. My parents are near 767 years old and it is a mental harassment for them also.

1. I want to know can he sell the flat without my consent, though the flat is on his name and he is paying the EMI.

2. Now the situation is such that in a day, at least 3-4 times he will threaten me to throw me out of the house and sell the house. I have lodged a GD (General diary) with local police just in Case. Do I need to file an FIR??

3. If he comes with divorce paper will he be forced to pay me the compensation to take care of our child and myself, as I am house wife and never worked.

4. Can you suggest me any kind protection unit where I can at least inform, so just in case anything happen to me/ daughter. 

Regards
Asked 7 years ago in Family Law
Religion: Hindu

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5 Answers

1) file DV case against husband and seek right to stay in matrimonial home and seek injunction restraining husband from selling the house

2) also file 498 case against husband for continuous acts of cruelty

3) you can seek maintenance in DV case and also custody of your daughter

4) if husband files divorce case contest the divorce case and seek maintenance for yourself and child

5) if husband is unable to prove allegations made in divorce petition his petition would be dismissed

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Yes, ordinarily he can sell of his flat unless there is no restrain order on him in doing so. he is not required to take your consent for selling his property.

2. You shall have to decide as to what do you want from the relationship now. If you want to terminate it, then audio record all his such abusive and torturous statements against you and also admission of his running an extramarital affair outside his wedlock. After that lodge a police complaint u/s498A of IPC, file DV case praying for direction upon him not to sell of his said flat to provide you your accommodation and also lodge a police complaint bringing the charge of adultery against him.

3. Simultaneously, file an application before the Court praying for maintenance for you and your daughter. After that if you desire, you can also file a divorce suit against him.

4.Send police complaint by speed post under copy to local D.C./S.P. expressing your fear that you might be killed also out of the said torture of your husband calling for protection. if police does not act, you can file a Writ Petition against police inaction seeking relief in the form of an order upon your husband restraining him in selling the flat till the divorce suit is not disposed of and your settlement/compensation clai is finalised. by the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. ife has no share in the flat and if your husband is sole owner of the flat he can sell it without your consent.

2.If he ahs not sold the flat you can file case under PWDV Act seeking monthly maintenance and residence order in the same house.Once the court gives you residence order in the said flat he can no more sell the flat.

3. If you do not agree he cannot force divorce upon you and for giving consent divorce you can put any terms including monetary compensation.

4. Doa s advised above.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. If he is the title holder of the flat then he does not require anybody's consent to sell it, but under DV Act you may file an application to seek injunction against him to restrain him from selling it to defeat your right to residence in the flat,

2. To stop him from throwing you out of the house you may seek protection order under DV Act against him.

3. You are free to claim maintenance from him in proceedings under 125 CrPC.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Yes he can sell his property without taking anyone's consent including you.

2. You can lodge a criminal complaint if he has assaulted you or intimidated you.

3. You can claim residential rights in case he is trying to throw you out of your matrimonial house, you can also seek maintenance and obtrain a stay order on the house property to create charge for the purpose of maintenance. Dont accept his divorce papers or sign anywhere, you can contest the same properly as per law.You are entitled for maintenance hence dont leave him without paying you maintenance.

4. You can file a domestic violence case also agaisnt him seeking protection, residence, maintenance, cloth and compensation etc.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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