• Violence at home and threatening to kill due to illicit relation

My husband has an elicit relationship which was discovered in march 2014  wherefrom he started abusing me both verbally and physically . He withdrew all economical means laeving the family in financial crisis. i filed a complain under the dv act in june 2014 and a reconcilation was done at the protection officers office in july 2014 and my husband gave me an undertaking that he would not trouble me and terminate his relationship with the other women which he has been by which he failed to stand . Onjan 11 2015 he tried to forcefully enter the house by breaking the windows for which the police was called on the spot. he threatened to kill me in front of the police for which the complain was lodged  at the local police chowki under the dv act. The RWA members entered the matter and asked for a weeks time thereafter and suggested me to take divorce which presently i m not in favour of . He fearlessly visits the women on regular basis and claims not to leave her at any cost . No action has been taken against the woman which in this case is the need of the hour. i have audios and videos of the violence and abuses or anything he has ever said and done during this phase . I also posses the videoswhich show him visiting the woman and their elicit relationship. my question is to whom we can submit these evidences to be sure that they are wisely used and are they of any help.also can any action be taken against this woman ( she is married and her family is in knw of it but does not care for they are being finacially supporter). Is there a way to stop my husband from entering the house for security reasons and i here i would like to make a mention that this house is owned by me and not by him. Does hehave a share in property which he bought in my name and vice versa . What should be the further course of action on this complain . Also to mention i have daughter (23) who is to be married sooner or later and a son (16) whos studies are also my responsibility. Thing are much severe than they may seem here for now he has fallen to the lowest of the levels and may not hesitate once in causing any sort of harm small or big.
Asked 2 years ago in Criminal Law from Faridabad, Haryana
Hello,
1) If there is a protection order on place, move a petition before the court about continued violence and atrocities and seek intervention.
2) If there is no such order approach the court immediately seeking protection and prohibitory order against your husband seeking appointment of a protection officer.
3) Though your husband has bought the flat in your name as long as it is registered on your name he can not lay any claim on it as you are the absolute owner of the property. You can complain to the police regarding trespass if he breaks into the house using force.
4) As the DV case is still pending, move an interim application seeking prohibitory order seeking immediate intervention by a court order under provisions of protection of women against domestic violence act. Any act of your husband contrary to the order will land your husband in jail.
5) You can file a case of adultery against your husband regarding his illicit relations with the much married woman. This will initiate proceedings against your husband. To get any action against the woman get help of NGOS of the area who will involve and put her in spot.
6) You can also ask for maintenance for your minor son, yourself and expenses for the daughter's wedding etc . This forms part of your husband's liabilities though he has taken steps destroying the marriage.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Relationship abuse is a pattern of behavior used to establish power and control over another person through fear, intimidation, and power. It often includes the threat or use or violence. Many women do not believe divorce is a viable alternative.

Now protection from your husband is necessary for you. So file petition under D V Act seeking interim protection and prohibitory order against your husband and his threats. Considering the totality of the words, you are the absolute owner of the property. So it is easy to get a protection from the court. Your fear is right in your husband property. If he get original papers of the property he may or may not transfer it to others because he is the absolute owner of that property. 

Other solutions 

1.	File a complaint for adultery against your husband near police station. If police refuses to lodge FIR then file the case directly in court under  498A of IPC regarding his illicit relations under the heads adultery 
2.	You can file suit for maintenance from your husband in a family court or JFCM court.
3.	File a case of domestic violence and seek protection through assignment of protection officer. If your husband violates protection order he can be jailed for non compliance by court.
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
1. You are silent on the status of the DV case.
2. In a a case under PWDV Act the Magistrate can on prayer of the aggrieved person can put a restraint order on the violating husband not to commit domestic violence , not to enter the shared household or even not to transfer his properties.
3. If you have not filed that case or prayed for such relief, do as at the earliest. 
4. In absence of such restrain order or injunction your husband can transfer all his self acquired properties to anyone he chooses.
5. In the aforesaid case you can pray for maintenance of yourself and for the unmarried daughter.
Devajyoti Barman
Advocate, Kolkata
5164 Answers
54 Consultations
4.9 on 5.0
Hello,
1) Is he asking you for the papers of the property that has been purchased in your name? He can not transfer the property in the other woman's name without you being a party to the sale or transfer as he has no right to transfer in  the property.

2) The children certainly have a right in the property of the father especially  if it is ancestral property.
As I mentioned in my  earlier post the minor child is eligible to be maintained.During the life of the father the children can not have a claim a right in the property of the father.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. Why are you not in favour of taking divorce? If it is your fear that divorce will abrogate or emasculate your other legal rights arising out of the matrimony then it is ill founded.

2. It is not clear from your query as to whether you withdrew the DV case pursuant to the undertaking which your husband gave before the protection officer. If the case has not been withdrawn then you may resume it from where you left it, whereas you may file a fresh DV case to seek protection from domestic abuse if you have withdrawn it. The court order, if violated by your husband, will land him in jail.

3. You can file a case for adultery against your husband if the parameters laid down by the law are fulfilled.

4. Since the house is registered in your name you may move to court to restrain your husband from entering it without your permission. If the court passes an order restraining him, and he violates it, contempt proceedings may be initiated against him.

5. You may also seek maintenance for yourself and your 16 year old son.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
1. Your husband may challenge your ownership to the house on the ground that the consideration of the house was paid by him and not you, and consequently he should be declared as the owner of the house. 

2. Even if your husband gets the papers of the property he cannot transfer it to this woman as he is not the owner of the property. Before a person can transfer a property he has to possess the legal authority to make transfer, which your husband lacks. Property papers have scrap value for your husband as he lacks the inherent authority to transfer.

3. The property is registered in your name, so your children and husband will, unless you make a will, get an equal share therein after your life time.

4. Your children have a share in the ancestral property, if any, of their father. They may cull out their share by moving to court.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
1. What is the present status of the DV case cfiled by you? What was your complaint and what relief did you seek?

2. You could have sought for a restrain order on your abusive husband in entering into your accomodation. You could have also asked for maintenance and restrain order your husband in selling his properties till he can arrange for your maintenance for life,

3. You can not bring adultery charge on an women. You can bring the said charge on your husband if you have enoughg evidence that he is in the act of adultery,

4. Visiting an woman is not called adultery for which you shall have to have evidence of their physical relationship,

5. If the property has been brough in your name then you are its absolute owner and can ask him not to enter into your property if you have decided to terminate metrimonial ralationship with him.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. Your children or anybody else has no claim on the property owned by your husband, during hs lifetime,

2. You shall have to submit evidence of his violence before the Court to prove your allagation against him.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
your husband's elicit relationship constitutes an offence of adultery. adultery is the ground for divorce. but you don't want divorce at this time. you can not prosecute that lady alone for this offence but you can prosecute her for the offence of theft and extortion by putting the fact that she has taken away your jewelry or other immovable property by establishing elicit relationship with your husband. you should file an fir against that lady and said above mentioned facts. you have evidence regarding elicit relationship of both persons so presumption will be in your favour.
Shivendra Pratap Singh
Advocate, Lucknow
2728 Answers
41 Consultations
4.9 on 5.0
adultery is the offence against the husband so if that lady is married then her husband can prosecute your husband for adultery. and that lady can't be prosecuted for adultery. offence of rape also not maintainable against her because she is a lady. you only have right to claim divorce on the ground of adultery. 

In Vanaja vs Gopu, [1991 (1) MLJ 290] supreme court held that wife has right to claim maintenance under section 125 cr.p.c. if she does not want divorce from her husband. 

you can claim maintenance  under section 125 cr.p.c.( without giving divorce) and seek residencial order under DV act
Shivendra Pratap Singh
Advocate, Lucknow
2728 Answers
41 Consultations
4.9 on 5.0

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