• Harassment by husband

I got married to an Army officer on 26th may 17. It was a love marriage without parent’s consent in arya samaj mandir. Before marriage i was in delhi working with a MNC , and my husband was posted in jaipur. He asked me to resgin my job and come to jaipur so that we can get married there. I did the same as i was into love. I left my job , my parents and my city and came down to jaipur and started living in a PG. after marriage we decided to to take 2-3 more months to convince parents and then we will shift together. But soon after that he started behaving indifferent to me. He asked me to cancell this marriage as his parents got a very good girl for him who was giving them good dowry. I put a complaint in his Army unit. They asked him to Accept this marriage and take me in his house which was issued by Army. Under their threat he did the same but from there he started making my hell. He ignores me completely, doesn’t maintain me adequately...He just ask me to give him divorce so that he can get married to his parents choice. He harrass me mentally and emotionally too. Iam going through a lot of trauma. Iam having no support from anyone. My family is also not supporting me as i betrayed them for this man. Pls help what should I do? I just want to teach him a lesson so that he should know my pain.
Asked 5 years ago in Family Law
Religion: Hindu

4 answers received in 10 minutes.

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18 Answers

Hello,

File a compliant against this person in the police for harassment and criminal intimid

File a case for divorce and claim good amount of alimony.

At this juncture the good way out for you is to settle the matter by taking a good alimony as you can not force him to live with you.

Regards

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

You should file the complaint for domestic violence, dowry demand and maintenance in court of law. So there will 3 separate criminal complaint against him.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Move a Complaint against your husband before the CAW(Crime against woman) police cell of your city.

Also, file a Complaint against him by moving an application under section 12 of the Domestic Violence Act.

If you husband has not been maintaining you adequately, and not permitting you to live with him and the in-laws, you could file a petition for restitution of conjugal rights under section 9 of the Hindu Marriage Act before the family court. To seek interim maintenance, you can apply under section 24 of the same act.

You get in touch with local Lawyer to get done all of the above.

Vibhanshu Srivastava
Advocate, New Delhi
9441 Answers
251 Consultations

5.0 on 5.0

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

2) file DV case seek alternative accommodation , maintenance from husband

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

1. It is really unfortunate that marital dispute has started soon after marriage.

2.If you think that your husband may be under influence of his parents you may talk to him in person and try to know the reason

3. That if they are torturing you for the purpose of dowry you can lodge complaint u/s 498A IPC and 406 on which basis FIR can be registered and your in laws can be prosecuted.

4. However once FIR is registered the marriage can be ruined for ever.

So decide accordingly.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
407 Consultations

5.0 on 5.0

I advice you to not misuse law as you intend to teach him lesson, infact under protection of women from domestic violence act various provisions have been made for protection and safeguard of interest of women in case of need including provision for interime maintenance, shelter and you are advised to have recourse to it.

Dhirendra Suresh Gautam
Advocate, Thane
15 Answers
2 Consultations

4.0 on 5.0

Hi, it is advisable to file a complaint under domestic violence.. Also register a FIR under 498 A for dowry Demand and cruelty .. Since he is a govt . Official , he will be suspended if a FIR is filed against him .. You can also ask for maintanance by filing application under 125 Crpc

Hemant Chaudhary
Advocate, Gurgaon
4625 Answers
67 Consultations

4.9 on 5.0

1) you can file DV case and seek alternative accommodation from husband

2) in the alternative you can request army authorities to provide you accommodation that your husband is entitled to

3) since your husband is no longer owner of flat you cannot claim right to stay in said flat

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

You could seek an order as to residence by way of moving an appropriate application under the Domestic Violence Act.

Vibhanshu Srivastava
Advocate, New Delhi
9441 Answers
251 Consultations

5.0 on 5.0

u can file criminal case against him. nd for accommodation u can file complaint under domestic violence act with interim application relief for accommodation in that house where u lived with him or court can order rent amount for u

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

Ms X

Just gone through the contents of your mail. you are educated lady know about your fundamental right granted by the indian constitution. I would like to asked say that you have not given complete information about the ordeal from the marriage till date. Even you have not disclosed in which place you are rightly located. Either in Jaipur in the matrimonial home or in the premises which may be taken on rent by your hubby. There are many things in accordance with law you can file i the competent court of jurisdcition while staying in Delhi or in Jaipur. But the trauma which your are facing needs complete information. Thereafter will able to guide/advice you in proper way. Thanking you

G. L. Soni
Advocate, New Delhi
87 Answers
3 Consultations

5.0 on 5.0

Maintenance includes the accommodation also.

Nothing much can be done in this regard, you claim your alimony at the time of divorce and at that time only you can make a mention of the same. Legally you do not have any right on the self acquired property of your husband.

Regards

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

You can file a case under domestic violence act for your residence or house rents, maintaince,medical and health expenses and sun m of the amount for your leaving independently according to the status of your husband. Moreover you can also claim some other amount from your husband for smooth running of your life. Again if you want put him in troubles you can file case under section 498-A IPC for his harassment and ill treatment

Thanks

P Venka Reddy Advocate

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.2 on 5.0

Hi

You can file a separate maintenance case in court.

Rent of accommodation is included in the maintenance itself.

In court you can plea for increase in maintenance cost by specifying relevant reasons stating that the current amount is not suffecient for you to maintain yourself.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

The army authorities have no legal right to adjudicate this dispute.

However if at their prodding you get maintenance and accommodation there is nothing like that.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
407 Consultations

5.0 on 5.0

Dear Querist

You may file a criminal complaint against him before the magistrate court Under Section 12 of Protection of Women From Domestic Violence Act-2005 and also claim protection order, residence order, monetary relief and compensation as per section 18, 19, 20 & 22 of the Act-2005.

The Court may grant you 1/3 of his income as maintenance.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

The reason what he states for leaving you is totally unjustified and betrayal.

In fact such unsatisfied and greedy people wont be satisfied with the new incumbent too.

They may look for a better one with more riches if the present proposed incumbent is not giving them more.

You have to decide whether you would like to continue unpleasant and torturous married life anymore or to remain in this stranglehold for ever in the name of teaching him a lesson whereas actually suffering the humiliations.

Since he is an Army personnel, he cannot drive you out of the matrimonial house owing to the strict discipline in the military and also his tortures can be checked if a complaint is given against this with the military authorities.

You can see the possibilities and then decide next course of action, in fact you cannot seek divorce within one year from the date of marriage.

T Kalaiselvan
Advocate, Vellore
79184 Answers
1611 Consultations

5.0 on 5.0

Army authorities are taking care of this case as of now. They are approving my maintenance which will be 22% of his salary which will be around 18-20k. Can i ask for accompdation also apart from this maintenance or maintenance itself include the rent for accomodation? Also my husband had a flat on his and his mothers name but now he transferrd it on his brother’s name so that he won’t have to share it with me lator when he will go for divorce. What can i do regarding this?

Besides the maintenance amount, you can claim residential rights also.

You can file a DV case against him seeking protection and residential rights even in a rented accommodation.

About the properties, you cannot get any share in his properties during his lifetime.

T Kalaiselvan
Advocate, Vellore
79184 Answers
1611 Consultations

5.0 on 5.0

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