• Harassment of wife from the mother in law and husband

a lady known to me  - is married  for the last 3 years . Her mother in law  does not like  her ;because this  was  a love  marriage . The mother in law  did not approve the  bride  but the husband and wife were  happy , initially . Now after 3 years of marriage , the  relations have started to turn sour . The husband does not want to support the  wife -. does not  pay any allowances . They insist that the  wife should cook her own food , while there is a cooking maid in the  home . every new sunrise starts with taunts . Ultimately - the wife  was fead up and left the home  - and presently staying with her parents . 
negotiations  are not reaching anywhere . mother in law  is very insistent  in not allowing  the husband and wife to live to-gather . What can be done in this case ?..
Asked 3 years ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1)  what does wife want ? does she want marriage  to work or divorce . 

2)wife can file Dv case . seek maintenance , right to stay in matrimonial home or alternative accommodation . 

3)if she wants divorce and husband is agreeable go in for divorce by mutual consent .

4) consent terms filed in mutual consent divorce should provide for retrun of her streedhan , her maintenance etc 

5) contact a local lawyer
Ajay Sethi
Advocate, Mumbai
46641 Answers
2759 Consultations

5.0 on 5.0

1. What does the wife want? If she still wants her husband then she should try to convince him to stay peacefully and probably in a  separate location so he can be kept way from evil influence of his parents.
2. If the wife does not want that then she can initiate multiple litigations against her husband and in laws.
3 She can file 498A IPC case against such tortures and case u/s 12 of PWDV Act for her maintenance.

4. The cases should always be resorted as last measure as peaceful and amicable settlement should be the goal of the wife.
Devajyoti Barman
Advocate, Kolkata
13114 Answers
174 Consultations

5.0 on 5.0

1. All depends on what does the wife want. Does she want to end the marriage or make it work?

2. The husband cannot abdicate his duty to financially support his wife. She can file a case for maintenance against him to get the necessary finances. 

3. If domestic violence has been meted out to her then she can file a case for domestic violence to seek compensation. She can also, if she wants to return to her matrimonial house, seek a protection order from the court. A protection order is a command from the court to the husband and his family to refrain from subjecting the wife to further violence, failing which the perpetrators can be imprisoned. 

4. She can also file a case for the return of her streedhan.

5. If she as been harassed in relation to dowry then she can file a case for dowry harassment.

6. If she wants to terminate the matrimonial tie then she and her husband can file for mutual consent divorce. She may also file unilaterally for divorce if her husband does not agree to mutual divorce.
Ashish Davessar
Advocate, Jaipur
23092 Answers
639 Consultations

5.0 on 5.0

There no point in going for divorce if your husband and you are willing to settle terms with each other. Visit a marriage counsellor and if need be, take the mother in law also.

Otherwise for the cruelty as such your facts are breft however if u have enough proof of the domestic violence then a case under domestic violence act can be filed wherein a prayer for mediation can be pleaded before the court. In mediation try to settle terms.
Shaveta Sanghi
Advocate, Panchkula
885 Answers
64 Consultations

5.0 on 5.0

Hi, if the wife wants divorce she has to file a petition for divorce or if she need maintenance sha has to file a petition for maintenance from your narration it is not clear what she wants really or tried to settle the matter amicable.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

Dear Querist
If the wife is willing to live with her husband and willing to save the marriage then she should join the husband's company and try to live happily. 

If she ia not ready to live with them then she may file a domestic violence case against him and against her mothr in law.

If she wants  then she may file a divorce case against him under section 13 ( 1 ) of Hindu Marriage Act.
Nadeem Qureshi
Advocate, New Delhi
4875 Answers
224 Consultations

4.9 on 5.0

1. The lady has to decide as to what does she want to do with this relationship,

2. She can lodge a complaint u/s498A, to teach the husband and his family a lesson,

3. She can also file a DV case praying for maintenance, alternate accomodation etc.,

4. She can file a divorce case against her husband claiming alimony.
Krishna Kishore Ganguly
Advocate, Kolkata
18741 Answers
452 Consultations

5.0 on 5.0

Lot of opportunities is lay in front of a married lady to protect herself. 
1.	Domestic violence act is now commonly used and more effective best law for protection from harassment, physical torture, sharing of matrimonial home, maintenance etc. 
2.	She can also file Divorce, Restitution of conjugal rights under family law.
3.	She can file a complaint under section 498A of IPC against her husband and his family members

So choose which is most suitable method of law applicable to her .
Ajay N S
Advocate, Ernakulam
2816 Answers
47 Consultations

5.0 on 5.0

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