• Mental harassment by mother in law and husband

Hello Sir/Madam, I am married since May 2013 and have a baby boy who is one month old. I am a government employee and on maternity leave now a days. My mom in law and husband harass me every day for every single thing in the house, thereby making my life miserable. Actually my mom in law has major influence on my husband n he agrees to whatever wrong she says. Whenever he returns from office she creates one or the other scene and lies to him for petty issues. She tells lies to him and ignites fight/ arguments between both of us and clearly tells my husband, right infront of me to divorce and remarry. I m really very helpless as I hav got a small child to take care of. Also since my hubby is in a private job n earns less than me, he n my MIL always demand money from me. Though I always giv them the share from my salary still he asks me to transfer the entire amount to him. He doesn't even lets me know where he spends all the money I give him. For the past 10 days I m staying with my parents. Please suggest what should I b doing if they file a case for divorce. I do not want to initiate the same however they are keen on it. They also threat me by saying that he will divorce and I won't get anything, be it money or our child. I m really scared and under severe mental tension, as I am scare of losing my son. Plz suggest legal implications in this matter and oblige. I will b very grateful to you. Thanks in advance....awaiting your legal advise....
Asked 2 years ago in Family Law from Delhi, Delhi
Religion: Hindu
you can file complaint under Dv act and seek protection order against your husband and your mother in law . you can also file for divorce  if your husband does not want to stay with you . no sense in handing over entire salary to mother inlaw / husband . you will get custody of your minor child . you can seek maintenance for your child too
Ajay Sethi
Advocate, Mumbai
23325 Answers
1220 Consultations
5.0 on 5.0
Dear Querist
if you have decided to left his company then only file any cases against them, if there is any chance to save the marriage then first try other wise Mr. sethi clearly advised about legal position in your case.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
I agree to above solution completely. No one can take custody of minor son from you.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
First of all take a decision whether marriage can be saved without aggravating the present situation. If your answer is no then you can go for complaint against the  husband and your MIL under domestic violence act and can seek right to live in the same house under protection. If you want to punish your husband and MIL you can file a complaint with Police under severe section of penal law. You may not get maintenance for self but your child is entitled to be maintained by both of you and as such you can ask maintenance of child. You can go for divorce or for separation and seek custody of child.
H. S. Thukral
Advocate, New Delhi
519 Answers
125 Consultations
5.0 on 5.0
Hi,
 As of now go and lodge and N C in the police station near you  if you do not want to initiate proceedings under 498 A IPC.  as it may leads to your husband and his parents , siblings arrest and trial. But I suggest if they continue to harass go ahead with an FIR. stay in your own or your parents place, do not compromise now as it is the early stages of your marriage your husband needs to understand the responsibility . So do not give up collect yourself to face it and legally take necessary steps like filing an NC, and do not allow the child to be in their house as they are threatening you to take away the child . If you are in your parents place your husband can not forcefully take the child away. Till your child is 5 years he will not able to get a custody even after that you will not have to worry about this. as you are capable to take care of your kid. If needed  assistance from an advocate go for it otherwise visit your police station there will be lady officers to help you in this regard. You can ask for the maintenance of the child and also can initiate a case under protection of women against domestic violence act 2005.  If things are  turning troublesome go ahead and file for divorce on cruelty ground .
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
contesting for divorce really take lots of time and money.If your husband is also ready for divorce then go for divorce by mutual consent under 13b HMAct.custody of the child will be with you till 5 years and after that you will have to fight for custody in Gaurdian court.pls note that for taking divorce mutually one year seperation is required
If you have fight for the humilation and cruelty they have given you then go for Complaint under DV act or before  women cell .
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
under Dv act you can seek protection order against harrasment by your inlaws and husband . in addtion law grants you right to stay in shared household  ie your matrimonial home after marriage . you can also seek alternative accommodation . 

if your husband files for divorce you can contest divorce proceedings . contested divorce proceedings take some years to be decided .  contact a local lawyer
Ajay Sethi
Advocate, Mumbai
23325 Answers
1220 Consultations
5.0 on 5.0
1. You should file a complaint against your husband under DV Act for seeking protection, maintenance and residence. Maintenance can be sought by you for yourself and your child. He may even be ordered to provide alternative accomodation to you at his expenditure. This is a liability that he cannot escape. 

2. As for your son, in order to retain him you may file a case for child custody. He cannot be snatched from you. 

3. Last but not least, you may apply for divorce. 

The law is there to protect you.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. The right to live in the matrimonial house accrues to wife after her marriage, and has been protected by the DV Act. In order to enforce this right you need to file a petition under DV Act against your husband.

2. You may seek the right to live therein even if he files for divorce.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Hi, it is better to approach for divorce and seek maintenance from your husband......... if you willing to reside in your husband house harassment will continue.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
already replied
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Agree wth Mr Ajay Sethi.
Fateh Chand Sharma
Advocate, Noida
86 Answers
1 Consultations
4.7 on 5.0

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