• Harassment

I have a son of 1.5 year. I was staying with my husband, my in-laws are not staying with us but they are calling to my husband and teaching many things, also they are sending other relatives to our place for visiting and giving me mental harrassment. I was working but after delivery I left the job. Nobody is taking the responsibility of my son, they are criticizing my son and telling me to leave somewhere and join the job. My husband also not taking care of my son, he is only telling me this lady is getting that much salary, that lady is getting this much salary, they have become senior post in their job. What will you do? How will you again join job. He is not supporting me, not helping me only putting stress on me. Every day he was giving me mental harassment, calling friends and laughing on me, fighting with me and not talking with me. After our marriage, after some months he started fighting with me and telling me you get out from my house. But, I was keeping quite, I was thinking this is also my house, I can stay here, this is my right. But, after my delivery my husband, in-laws ill-treated with me and my husband was fighting with me everyday with small small things. When my son was 11 months old, my husband fought with me and told me you get out from my house. I am now staying with my parents. My parents called him and told him to think about son, but he is very careless, he is not listening to anybody and not asking to my son. Whether his health is good or bad, how he is staying, he is not caring at all. I am very help less and in tension. Please tell me what to do.

Thanks in advance for your advice.
Asked 7 years ago in Family Law
Religion: Hindu

3 answers received in 10 minutes.

Lawyers are available now to answer your questions.

7 Answers

If you ant to stay with him you can file a case for restitution of conjugal eights.

If you do not want to stay with him you can file an FIR against him and then can file a case for maintenance of the child and yourself. Also, then you can file fore divorce and claim alimony.

Regards

Anilesh Tewari
Advocate, New Delhi
18095 Answers
377 Consultations

File DV case against husband seek alternative accommodation , maintenance fir yourself and child , custody of your son and compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
98513 Answers
8018 Consultations

1. If you are unemployed then you are entitled to maintenance both for yourself and the child.

2. So if your husband refuses to maintain you then you can file case under PWDV Act for maintenance and also for residence provision for which he is liable to give rent for alternative accommodation .

3.Do Not go for divorce at this stage.This marriage may be worked out but for the time being file case under PWDV Act.

Devajyoti Barman
Advocate, Kolkata
23511 Answers
530 Consultations

If he has deserted you and the child and you're still living with your parents and not with your husband or in-laws, you should file a petition for restitution of conjugal rights for you have been abandoned by your husband without any sufficient cause.

Also, seek maintenance for yourself and the child, if he's not maintaining and supporting you financially.

If the harassed is unbearable, you move an application before the Protection Officer under the Domestic Violence Act.

Please let me know if I could be of any help.

Regards,

Vibhanshu

Vibhanshu Srivastava
Advocate, Lucknow
9736 Answers
318 Consultations

your husband cannot compel you to join the job and work for gain. this act constitutes cruelty and violence. you may seed remedy under domestic violence act. this is very complex situation you should take proper step after evaluating all the conditions.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

File harassment complaint against him. Lets see whether he will stop.

( Otherwise )

If you decided to terminate marriage life then you can file divorce/maintenance application plea.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

If your husband is reckless, violent and meting out cruelties, you can file a domestic violence case against him and also against his parents for instigating him to do such acts and tortures.

You can also lodge a criminal complaint agaisnt your husband and his relatives for the cruelties and the insults that they have done to you at his house in the past.

You can also seek the stridhan i.e., all your articles including your jewels that are lying with them

You can also seek maintenance from him for you and your son and also residential rights since as a dutiful husband he is bound to maintain you

You have to teach him and his parents a lesson for all the tortures and humiliations that they have done to you.

Of Course your marital relationship will strain on you initiating such legal actions, but you cannot keep tolerating such tortures for ever, there should be an end to everything and it cannot continue this way forever..

T Kalaiselvan
Advocate, Vellore
88715 Answers
2409 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer