Mental Stress by Mother in Law
I am 25 year girl. worked in karnataka.But my native is tamil nadu.last year may 22 have got married.now i am 8 months perganant.mine is love marriage.my in law is not at all likes me.
after my marriage i lived with my husband only for 2 months.she came to karnataka and creates a problem and sents me out last year November itself.i dont have any one support there(karnataka). hence i came to my native to file a complient.but here they are not ready to take a comp.i dont know whom i should approach for the same. hereafter i am going to stay in tamil nadu only.now days its gives too much stress that i got cheated. my in laws are planing to do second marriage to my hubby illegally.she never allows my hubby to talk me.she is with him only now in karnataka.
any pls help me to get ride of this problem and i need to punish them both my hubby and in law. in this condition carrying a baby too suggest some way i can get justice ?
Asked 4 years ago in Family Law from Tirupur, Tamil Nadu
First you deliver your child since itm is not the time to take any stress. When you recover fully, Consult lawyer at the place of your marriage to file complaint under DV Act and to claim maintenance for yourself and the minor baby under section 125 Cr PC.
you should relax . give birth to your child . after knowing that your are mother maybe your mother in law will change . if they refuse to take you back file complaint under Dv act claim right to stay in your matrimonal home or alternative accomodation , maintenance for your self and child . compensation for mental torture you have undergone .
your husband cannot remarry during subsistence of earlier marriage . if you so desire you can file case for restiution of conjugal rights in family court in your city wherein you are presently residing
you can definetly file complaint under DV act along with that file a complaint to women cell of your district under 498A and 406 ipc.
it is not easy to get married during subsistence of earlier marriage,if he does it you also file complaint under 494ipc in which he can be imprisoned for seven years
Advocate, New Delhi
1. Did you approach police for registering a FIR? What reason did it offer for not registering the case on the basis of your complaint?
2. You may file a case under DV Act directly in the court seeking the right to have a safe entry and residence in your matrimonial home and protection from any violence. If your mother-in-law and husband refuse to accept you and your child after his birth then you may file a case for maintenance against your husband. It is the inescapable duty of your husband to financially support his wife and child.
3. Second marriage during the existence of first marriage is illegal. If he remarries without taking divorce from you he shall be amenable to prosecution for bigamy. To reinforce his duties as a husband you may file a case for resuming conjugal rights against your husband.
They are not ready to take the complaint because they are telling incident is happened in Karnataka not in Tamil Nadu.
Asked 4 years ago
the DV act provides that (1) The court of Judicial Magistrate of the first class or the Metropolitan Magistrate, as the case may be, within the local limits of which— (a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or (b) the respondent resides or carries on business or is employed; or (c) the cause of action has arisen, shall be the competent court to grant a protection order and other orders under this Act and to try offences under this Act.
you can file complaint wherein you are residing .in Tamil naidu . you can file complaint directly before local metropolitan magistrate court
file complaint under DVAct,in the court of your judicial magistrate he will accept it
Advocate, New Delhi
Instead of approaching the police file the case for domestic violence directly in the court in your city. You may also sue him for maintenance in your city. He will have to appear in the court to contest the case.