• Physical and mental harassment by husband

November 2016 i completed 16 years of my marriage. My husband me both are primary school teacher and I am working since last 15 years while my husband is working since last 25 years. I have two children, 15 years old son (who will be in 10th standard now) and 9 years old daughter who is studying in 3rd standard). Since last few years I am going through immense physical and mental harassment. I would like to share the background about this  -
After marriage for few years, there were few disagreements which kept happening between us but I always negotiated them or sometime ignored them. My husband always likes to do show off and do immense expenses not for the family but within the society for his prestige. Many times i had fought with him saying to think about our future and future of our children. But he suppressed me all the time. In 2008 I caught him cheating with me - when i come to know that he was having physical relationship with other women. He apologized and assured this will not happen again. I did not tell anything to my parents or friends about this incident until recently (in 2014). 
In 2009 he became chairman of Teachers Financial Society and was chairman till 2013. During this time he make fraught of lot of money but i was not aware of much money he has looted from Teachers Society along with other board members. During 4-5 years he alone looted around 50 lack rupees. There corruption continued until Society declared as bankrupted and District Collector took control of it. He found himself in trouble when inquiry started for society by District Collector.

During this 4-5 years, he did not brought any property or simply did not bring any penny (even single rupees) at home. Everyone in school and Teacher's Society were talking about wrongs deeds by Society Chairman (my husband) and members and then I came to know that my husband spend my money he looted from Society on beer, dance bar and on sex workers. 

I fought with him to ask what he did of all the money and he physically abused me asked do not get into his matter. He never agreed he spend money on wrong deeds even once. So I started recording his phone using Call recorder Applications on Android phone for more than 6 months. During call recording, I found very clear evidences where money went.  

I have call recording of his mobile -
1. When he was arranging for the sex workers along with his friends. There are multiple call recording with very direct, talk of arranging sex worker and how much money they will take and all the very disgusting things.
2. In the recording, he agreed with his friends, how he spend more than 40-50 lack rupees on beer, party, going around all over the places in region (Maharashtra) for party and for sex workers.
3. In the recording, he agreed while talking with his friend, he is now very immense tension because of the District Collector Inquiry and ready to go jail or do suicide.

There  is many other things which will take lot of time to list here, which i found out after recording his calls. 

Since last 14 years, he is controlling my money. I am not allowed to withdraw money from my Salary account. My salary account is completed controlled by him. 
After I found out all these things, I am in no mental state to live with this man, but because of the children and society and relative pressure I am living with him. 

I am not giving any money to my husband now (almost for 1 year) now. He is absolutely mad for money these days. He earns around 50K per month, but those money does not even last for half of the month to him. I am managing all the expenses of both my children since last 1 year and not paying  anything to my husband. He is torture me like anything. My father is supporting me emotionally and so does my brothers. My brother many times asked me to take help of Mahila Aayog or police and asked to take help of social media. Brothers and sisters of my husband very one knows all the things, but they do not wants to get in trouble so they talk nothing.  

But I fear my husband, he has goon like attitude and one of his his relative is strong in political presence. Even few times, he tried pressured through them to me and my father.

Feeling very helpless. I need some guidance, how can i secure future of my children and live safely not just me but my father also.
Asked 7 years ago in Family Law
Religion: Hindu

2 answers received in 30 minutes.

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4 Answers

1) file complaint against your husband under section 498A of IPC for continuous acts of cruelty and dowry harassment

2) also file DV case against husband and seek protection order , miantenance for your children from husband

3) you can also file for divorce on grounds of mental cruelty

4) seek maintenance for your children

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1. No one ai above law .Sohispoliticalconections I am afraid would be of no help.

2. So my advice would be to to lodge a complaint u/s 498A, 323, 406 ,506 IPC . Seeing his actions so far he would face great difficulty in getting baol.

3. File a case under PWDV Act for monthly maintenance and for damages for the harassments done to you so far.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

1. You are free to file for dissolution of marriage on the ground of cruelty and adultery. The call recordings made by you can be led in evidence to prove his exceptional depravity and adultery.

2. You can claim maintenance for yourself and also for your children from your husband as it is his duty to support both of you financially.

3. A DV case can be filed by you under section 12 of PWDV Act 2005 to claim monetary compensation for yourself for the domestic violence you have suffered over years.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If you do not want to take divorce from him, you can live separately.

You can even file judicial separation petition under section 10 of HMA.

You can take your children and start living away from him in a different house in a different locality.

If he is still giving trouble or torturing then you may initiate legal action agaisnt him through police of women cell police or court with a complaint under DV act.

You should take a decision at least now so that you can live peacefully henceforth without his troubles and interference and also this would help you bring up your children with proper care and higher education to build their career.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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