• Emotional abuse by in-laws and husband

I got married in Dec 2016 but just before my court marriage ,my now husband just had an argument with me over the phone got drunk and came to my place and physically abused me ,thereafter I still went ahead with the marriage .After all the ceremonies I had to stay with my in laws for a few days and since they had already started talking badly about me before I engaged in 2015 I kept my distance from them but after marriage my husband started fighting with me about trivial issues till he went back to work abroad . My husband had promised to take me with him abroad to settle down but every time I ask about my visa application process I am abused ,I am told that I am useless and I should just go away . My husband made me leave my job when I got engaged and made me cut most of my social ties ,he sends me no money at all and I have to stay at my parents place now . My in laws leave in a different state but every time I meet some one for their place all I here is that my in laws are spoiling my name ,my mother in law wanted to know my family's financial status before getting married and after getting married she told some of our close family friends that she wanted me to pay for the entire wedding and not her son .My husband knows about all this but he says whenever he calls his parents to confront them they just hang up . All I hear from our family friends is that my in laws have clearly said that they do not care about me but only their son . My father in law has even called me up to scream at.me and call.me names .legally what are my rights and what can I do ?
Asked 8 years ago in Family Law
Religion: Christian

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6 Answers

1.If you could manage stay away from your in laws then thee conduct of your in laws though impermissible can be avoided.

2. talk to your husband and stay with him. if he is in abroad try to move to his place asap.

3. if your husband is with you then you can ignore these incidents.After all your life revolves around your husband and not your in laws.

4.If you husband also tortures you and there is no future prospect of marriage then only take recourse to law by which you can file criminal case u/s498A IPC and case of maintenance u/s 12 of PWDV Act.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Marriage is a sacred and holy union of husband and wife by virtue of which the wife is completely transplanted in the household of her husband and takes a new birth. It is a combination of bone to bone and flesh to flesh.A marriage is a legally recognized union of a man and a woman, which thereto raises rights and obligations between them.

There is no way to avoid conflict in your marriage. How can manage or deal the conflict is very important in family life. Since every marriage has its tensions, it isn’t a question of avoiding them but of how you deal with them. Conflict can lead to a process that develops oneness or isolation.

The Protection of Women from Domestic Violence Act, 2005 provides that the aggrieved person may approach not only the Magistrate but also the Civil court, Family court or any other courts and seek relief’s including protection orders, residence orders,monetary reliefs,custody orders, and/or compensation orders. Domestic violence includes actual abuse or the threat of abuse — physical, sexual, verbal, emotional or economic.Harassment by way of unlawful dowry demands are also covered.So you may file complaint against in laws from their abuse and threats.

If you want to save the marriage life then try to settle the matter and tune the life according to your wish by conquering the minds of others by smooth and wise dealings

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

file complaint under DV act against husband and in laws

2) seek protection order, right to stay in matrimonial home , maintenance and compensation for mental torture undergone by you

3) you can also file case under section 498A for dowry harassment against husband , in laws if you were harassed for dowry

Ajay Sethi
Advocate, Mumbai
99810 Answers
8147 Consultations

Hi, you can file a petition under DV act for maintenance and alternative accommodation, it is good case for filling a petition under DV Act.

2. You can also file a complaint against your husband and in-laws for the offence under section 498/A IPC.

3. If you don't want to continue in the relationship, then you can file petition for divorce before the Jurisdictional Court.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

Hello,

You can file a case for restitution on conjugal rights under section Section 32 and 33 of the Indian Divorce Act, 1869, which reads as follows:

When either the husband or the wife has without reasonable excuse, withdrawn from the society of the other, either wife or husband may apply, by petition to the District Court or the High Court, for restitution of conjugal rights, and the Court, on being satisfied of the truth of the statements made in such petition, Hand that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

The restitution of conjugal rights is often regarded as a matrimonial remedy. The remedy of restitution of conjugal rights is a positive remedy that requires both parties to the marriage to live together and cohabit.

Apart from this you can register an FIR also in the police station and claim maintenance under section 125 of the Cr.P.C.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If your parents in law are torturing you, you can file domestic violence case against them and seek protection, residential rights and also maintenance.

You can also file a maintenance case against your husband under section 125 cr.p.c.

If they are concerned only with your money you can file even dowry harassment case against them.

If your husband still neglects and ignores you then you may file a restitution of conjugal rights petition before family court.

T Kalaiselvan
Advocate, Vellore
90012 Answers
2497 Consultations

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