• Divorce

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My husband and mother in-law tourchring me to get divorce .I have 9 month baby .my husband have extra marital affair with his college .. because of dowry he did marry with me after marriage his mother and he gave me mentally and physically tourcher ..I have all proof of dowry bank statement and for domestic violence I have 10k audio recording in which they threatening me .and eye witnessed of my neighbors.and injury marks on my body . I want divorce with punishment .4 year complete of my marriage
Asked 6 years ago in Family Law
Religion: Hindu

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16 Answers

If you have all the evidences then you can file a case of dowry prohibition act and 498 a of IPC against your mother in law and husband to get punished you can provide all the evidences to the police keeping a copy with you

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1. File police complaint under charges of Dowry harassment, Adultery, cheating, Criminal breach of trust, criminal conspiracy ... etc against your husband.

2. Also file police complaint against your mother in-law under domestic violence charges.

3. Discuss with a lawyer for further steps.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

1. yes, under the circumstances it is not at all advisable to spend anymore days with your tormentors who took law unto their hands.

2. First lodge a complaint under section 498A, 406, 326 IPC and ensure that FIR is registered and the culprits are brought to books and arrested.

3. Then file a case under PWDV Act claiming monthly maintenance , provision for residence and one time compensation, If you are unemployed then there is no way he can avoid paying you maintenance @ 1/3 to 1/4th of your income.

4. Thereafter if you file the divorce suit and tortures are established then there would be no difficulty to get divorce.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

Ma, file a case of 498a, 406 (for return of all dowry items given in marriage), 323, 506 (threatening), adultery domestic violence act and dowry protection act.

Ask all the dowry items, gold and cash given it is stridhan.

Along with that provide investigation officer copy of all the evidence. your husband shall be prosecuted for that and shall be punished.

Further file for Divorce under Cruelty and adultery ask for maintenance under Hindu marriage act.

Ask for protection maintenance and residence under domestic violence act.

Further 125 Crpc maintenance for your child.

Hire a good lawyer he shall bring them on road,

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Madam,

You can simultaneously file several cases. Prefer to file DV case in which you can several reliefs like:

======================================================================================

PRAYER

HENCE THE APPLICANT HUMBLY PRAYS

A) to take cognizance for the offence punishable u/s 498A IPC and punish Respondent No.1 to 3 as per law and extend police protection to the deponent,

B) Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.

C) Pass orders u/s 18, in totality against Respondent No.1 to 3,

D) Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.

E) Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent No.1 as he is residing in the house of respondent No. 3, which is legally prohibited,

F) Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent No.1 falsely filed Divorce Petition.

G) The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,

H) That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

hello,

it seems that you are going through a lot of stress and pain because of an unfaithful husband and insensitive MIL. file a complaint u/s 498A, 3/4 dowry act immediately, also a domestic violence case. you have sufficient evidence to implicate the two of them. proceed ahead without any delay.

regards

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1) file complaint of dowry harassment under section 498A read with section 2,3 of dowry prohibition act

2) also file DV case seek alternative accommodation, maintenance, compensation for mental torture undergone by you

3) also file for divorce on grounds of mental cruelty and adultery. Make his colleague co respondent in divorce case

4) seek alimony from husband

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

You have to file Domestic Violence case and u/s 498A of IPC cruelty by her husband against your husband before jurisdictional court and it has to be prove against him and also you claim maintenance for your self and your baby. All the best madam

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

Firslty, file divorce case on the ground of mental cruelity and adultery of your husband.

Secondly, file one more case of maintenance under section 125 of CrPC for you and your children.

Thirdly, file 498A also to put them behind the bars.

Though I have adviced you to file these many cases for a reason as to teach them a lesson for troubling a wife and a mother now.

You are free to contact me through Kanoon at any time.

God Bless You...!

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

File 498a, 406 IPC and 3 & 4 DP Act and domestic violence cases

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

You should give police complaint u/s 498a before police station against your husband and his family for mentally and physically torturing you for dowry.

You can also file a case under s 12 of DV Act, 2005 and claim maintenance from your husband.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

1) You can file case against them adultery, 498a, dowry and domestic violence.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Hi, you have to file a petition for divorce on the ground of cruelty and as per your narration it is a good case on merits you will get a divorce and if you want you can also lodge a police complaint against your husband and Mother-in-Law.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

You need to file the divorce petition on the ground of mental cruelty, complaint for domestic violence and maintenance petition against him in the court of law with the help of any local god advocate. On the other hand you can report your complaint at the nearest police station.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Dear Madam

This is serious a issue. We need to punish these peoples for playing in your life. They cant play with your feelings and emotions. We need to fix them under law properly. Otherwise they may escape from the clutches. We have proper solution and system in place without much bothering you. We have also very good network to handle these issues.

You can reach out to us for immediate actions.

Feel free for any assistance.

Regards

Shettar

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

4.4 on 5.0

If you do not want to continue the marriage with him you can very well file a contested divorce on the grounds of cruelty.

In the meantime you can file a DV case against him and his mother seeking protection, maintenance and compensation

You can also lodge a criminal complaint with the local police for dowry demand and harassment thereon against him and his people who tortured you.

You can file a separate maintenance case under section 125 cr.p.c. if you are not employed.

T Kalaiselvan
Advocate, Vellore
84935 Answers
2197 Consultations

5.0 on 5.0

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