• Where to start filing case and which case to file - help needed

Hello 

I am Young Chartered Accountant aged 27 stuck in a bad marriage . When i got engaged to my husband and made it official Since that day; They are torturing us to spend money on them . They made us Spend 35 lakhs on my marriage . Even their function like shagun was organised by us in 5 star hotel . Now even after marriage; they used to torture me to get expensive gifts from my family and my brother abroad like PS4 , LEDS etc etc . but they are double faced and very sweet and reputed in society and nobody can believe they are doing this to me as they respect me alot in front of society but my mother in law made me do all the house hold chores even after coming tired from office aftr 7 pm like bath room flush is cleaned by me only . We have domestic help at home and she make me insulted by him also . He serves food and do chores for every one but i am not allowed to take help from him. If i refuse to do then she say it to my husband and he stop talking to me , he stop listening to me , he sleeps alone for weeks not talking to me . this city is new to me and i donot have any frend here to help me . they donot even allow me to visit park alone near to my home so that their neighbour donot know anything about it ! 

if i get angry; my mother in law torture me that we have political links and family welfare society in favour and you will not be able to do anything against us . we are so powerful !

i donot have much evidences as i didnot believe something like this would happen to me as they are highly educated and reputed ! 

i m suffering in silence (emotional abuse) ! 
please help !

i will be grateful !
Asked 4 years ago in Family Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

21 Answers

You should not suffer in silence. First, You need to register an FIR u/s 498A of Indian Penal Code & dowry prohibition act immediately.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

You need to simply write an application containing all the problems you are facing in your in-laws home , to the in charge of nearest police station and get a receiving from that concerned police station.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

it would be better if you hire a lawyer and move application under 156(3) before the magistrate. But before moving an application or lodging an FIR you have to move out of your in-laws home.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

Evidence can be submitted on a later stage of a trial. When you'll move out of your in-laws they will contact you on phone and whatsapp. You may save those conversation for this purpose.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

See there are certain aspects first of all gather evidence for events of mental cruelty and abuse, secondly for there demands the dowry in marriage or gifts after that.

if you dont have any one here better go back to your maternal place file cases there so you have support.

Then file a police complaint under Protection of women from domestic violence act, Dowry prohibition act , 498a and 406 for your stridhan and items given in marriage.

And file for a divorce on ground of mental cruelty and also file an application along that for interim maintenance under Hindu marriage act in the family court.

You can also seek maintenance and residence right under domestic violence act.

Now just before doing all this try if your husband listen and understands all this because ending relationship and cases are last option so try if things get back together nicely or there is possibility of mutual divorce quietly so that you also donot have to suffer your career and think about ongoing cases.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Client,

Demand of dowry no tough to prove. After marriage gifts must be there.

If no evidence than start procuring, get spy camera ( pen, button lot available in market), Or do one thing, ask your parents to online transfer some good amount in their account and after few days file complain that they are demanding more. Good evidence and amount will be recover. rest charges will prove through expanses made at the time of marriage. U will waste your life if not act now.

They may have contacts , u have courts.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear client try to gather much evidence try to record the the video or try to click picture in case of any harassment. File complaint in women cell against your husband and parents. You need not to bother you can file complaint online also. So be brave and go ahead. Best of luck

Saurav Khullar
Advocate, Mohali
45 Answers

4.0 on 5.0

1) file police complaint under section 498A of IPC read with section 2, 3 of dowry prohibition act against husband and in laws for dowry harassment

2) also file case under DV act seek protection order , maintenance from your husband and alternative accommodation, compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

You have to fight if you want justice

Record their abuses . It would help you in making out a case

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

My reply to your question would depend upon what exactly you want.If you want to give a go by to the marriage or prepared to live a married life full of conflicts, you can lodge a police complaint, as would be advised in other answers to your question, for the conduct of your relatives tentamounts to a serious offence under the indian penal code and they can be booked under the law.

However, knowing your husband, if you feel that a counselling by elders, can make him understand the situation, you must try.

If you think marriage can not be salvaged and divorce is way out now, then bring them around for a mutual consent decree by exerting pressure of criminal complaint.

H. S. Thukral
Advocate, New Delhi
620 Answers
204 Consultations

5.0 on 5.0

Since you have mentioned that you have no evidence, I would advice you to first create evidence if you can bear to live in the house for some more time. Take recordings of them harassing you for money or expensive gifts, write emails to your parents putting on record the torture etc. All of this may per se not be enough for 498a but they can help you in your Divorce and/ or DV claims. You will also need to highlight your predicament publicly as we cant have your neighbours supporting your in-laws'.

If you cant live there anymore, though it is not advisable ever to move out of the matrimonial home, move out and file for Divorce.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

1. Do not think too much about the outcome of the case.

2. For matrimonial violence no documentary evidence is required. Your statements in affidavit is enough.

3. You are an educated and working person. Hence bearing the tortures in absolute silence is least expected from you.

4. So go and meet the police and lodge complaint in writing.

5. AdditionalAdditionally file case under PWDV Act as well.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Dear sister

You need not do anything which effects your self respect. Come to your parents house and show the power law

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

You can file a case in Manila Thana of your parents place for 3/4 Dowry provisions act, Domestic violence act and sec 498A of IPC against your husband and in-laws.

The police will investigate the matter and if necessary arrest will be made else they have to get anticipatory bail from court.

Please keep in mind that it will be difficult to live in your metromonial house for you and you have to move out.

And the divorce petition will be the next step if things not go well.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

You can file 498A IPC case. You can file Complaint under domestic voilence Act. You can file maintenance Petition under 125 crpc. You can file maintenance under Domestic voilence Act too. You can also file FIR under dowry prohibition Act.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

Donot worry gather some proof like messages, video if your father had spent a lot in marriage and given gifts it is not difficult to establish dowry and further gifts after marriage.

Also the committee cannot overlook evidence and complaint so donot worry they are just suppressing you file complaint in your own matrimonial area they wont be able to influence even if they do HC is there and they also need to establish there claim. Further family committee has to base it findings on evidences provided by you.

or if want to llive peacefully without case ask for mutual divorce and just separate.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) If they are really so big and highly educated in the society and they are well dramatically people.

Than try to give answer in their language. Your mother-in-law had forgotten that she was also daughter-in-law in past.

2) You have understand first the nature of each family members and act accordingly. See what is weak point of your mother-in-law and your husband.

3) What makes them happy and unhappy, what are your strength and weaknesses in front of them, this will not learned by you within one day it will take months for this.

4) Don't take legal actions immediately as they are not abusing you physically nor orally. Mental torturing is going on try to do medication improve your mental stress and learn their mind you will be able to learn how to handle such tupe of situations in the family. There may be family members for and against mother-in-law try to learn this type of situations.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

If you are facing these cruelties, including the demands for money and things and it is going out of control, you may first decide to live in your parents house separately away from him for few months.

Let him realise your value and importance and come home to take you, if not, then you go back to their home live there for few months and see if the circumstances have changed and conducive or it has turned more worse.

You can remain there till th level possible and then again leave their home permanently and decide to discontinue the married life.

You may even plan to lodge police complaint against them for cruelties meted out to you including dowry demand harassment and other humiliations.

Your mother in law's political influence cannot harm you when you rush up to police including top police officials seeking relief and remedy from their tortures and humiliations.

If you can handle patience and expect the things to improve and situation turning cordial and conducive, then you may give another chance to save your marriage.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

I donot have much evidences with me !

and i have read that first my FIR will be analysed by family welfare commitee and if they are satisfied with the case genunity only then they will be arrested but they have contact with that comiitee and can influence them to give negative report . what to do pls help;

On cannot expect to have evidences for all those incidences that have taken place within four walls.

Additionally, you can create evidence by narrating the events chronologically.

Let the committee inquire and find out the truth, even if they dont take your words and act on their behalf alone, you may file a petition under section 156(3) cr.p.c. before the judicial magistrate court seeking its direction to the police to take action on the complaint pending before them.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Hello,

I would advise you to collect some evidence of such cruelty and then only file a case against them.

filing a case without having concrete evidences will be of no use at this stage

you can collect evidences in form of audio or video

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

After collecting evidences you may file a FIR and also file a case of divorce on the ground of mental cruelty.

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Ask a Lawyer

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