• Suspecting spouse

I am 28 years old,, my marriage completed 8 years and 2 children,, from last 6 months my husband is doubt on me with my friend for illegal relationship,, and torturing me,, physically and also mentally,, tried to kill me in 2 attempts in angry,, bcoz of hindu moral values my family is not supporting me,, now i cant bare this,, so i like to leave home and him for now and concentrate on my future career in Police department,, if i leave now my friend faces any problem by him,, if not to do so what i should do for not facing problems by anybody for any one please help me,, for peaceful life of both,, give me a suggestion,, if I should complaint,, how to write tell me detailly
Asked 7 years ago in Family Law
Religion: Hindu

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16 Answers

File police complaint against your husband if he has assaulted you physically made 2 attempts to murder you

2) in your complaint mention details of attempts made to murder you

3) you can file DV case seek protection order against your husband , maintenance for your self and 2 kids

4) you can file for divorce on grounds of mental cruelty

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hii

But sorry in understanding question ? are working with police department ? and your husband tried to kill you ? If all this fact are true?

See it's an criminal offence under IPC if your husband tried to kill you then you should immediately file a police complain against and even you should ask for police protection. Make an application to police women cell organised in your area of jurisdiction and on that basis you file for seeking a divorce under cruelty and mental and physical torture with an attempt to murder as per HIndu marriage act.

Please take a help of any good matrimonial lawyer and go head without delay.

For any further assistance and protection get in touch with police women.

Regards

Rita Rajput
Advocate, Thane
189 Answers
2 Consultations

1) you must complain against husband in writing before you leave your matrimonial home . obtain acknowledgment of complaint for your record

2)mention that husband has attempted to murder you twice and has physically assaulted you

4)you would be safe and it would not affect your friend career

5)you can file for divorce on grounds of mental cruelty

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You should deny that you had any extra marital with your friend

2) mention that husband making false allegations against you

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. If he is physically restraining you from leaving the house then you can dial emergency number of police and seek their help.

2. So nu o means he can psychically restrain you from leaving house and live any place where you want.

3. once you leave him you can file a suit for divorce on the ground of mental and physical cruelty.

4. There is no need to inform the police but if you wish file criminal case under section 498A for his tortures you will have to lodge such complaint in writing.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. Since you want to divorce him you may file a petition for dissolution of marriage on the ground of cruelty against him in the court. Send a complaint to the jurisdictional police station against your husband wherein you should mention all the acts of cruelty which have been committed against you by him.

2. Your friend is absolutely safe unless there is any evidence of an affair between you and him.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Madam,

You can file any number of cases against your husband and the best one is DV case. Thereafter you can file divorce case on the ground of cruelty etc., if he agrees it is good to take mutual divorce without alimony. Otherwise you may directly put a divorce case. You can take protection order in DV case. Till divorce case is finalize keep secret about your friend. The law is as follows:

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

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
6230 Answers
499 Consultations

No if you don't have any illegitimate relationship with him then he will not face any problems.you don't have to do anything just don't give any evidence in hands of your husband in form or chats email etc with your friend

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

File police complain against husband.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

A happy marriage is a harbour in the tempest of life an unhappy marriage a tempest in the harbour of life, more and more people are realising the reality of their relationships, and accepting divorce as the rational choice to a better life necessary premised on better relationships.Divorce allows a person to break free from an onerous marital relationship. But since marriage is not merely a contract but a very important societal institution. The law has an interest in protecting marriage, and not allowing it to be severed only by choice and on ordinary wear and tear. Since society in countries like ours takes special interest in protecting it – In our country to get a divorce one needs to prove certain grounds for eg : cruelty/adultery/desertion etc. Known as matrimonial offences.

You are a police official,so better you have to file a complaint against your husband against his torture .More over you have two children. Think about their future before you take a decision in your life. Children's are most affected person in your decisions and quarrels.In order to control cruelty to married women Section 498-A was added under Indian penal code, 1860. By this section cruelty to a woman by her husband or any relative of her husband was made punishable with imprisonment for a term, which may extend to three years and also with fine.

No need of intimation to leave husband before police station. If you hurt you may file complaint and say now live away from husbands home

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

You can file for divorce on Grounds of cruelty committed by your husband.Section 13 of The Hindu Marriage Act, 1955, provides for dissolution of a Hindu marriage by a decree of divorce. Cruelty, which is a ground for dissolution of marriage, may be defined as willful and unjustifiable conduct of such character as to cause danger to life, limb or health, bodily or mental, or as to give rise to a reasonable apprehension of such a danger.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Physical violence committed by your husband on you may very well constitute cruelty. Mental cruelty may consist of verbal abuses and insults by using filthy, abusive language and throwing unjustifiable allegations on you of having illicit relationships which lead to constant disturbance of mental peace of the other part torture may well constitute cruelty. Therefore, you have valid grounds for divorce under the Hindu Marriage Act 1956.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

It is up to you to remain married or discard the marriage by filing a divorce petition.

If the third person is the only problem, you can even decide to part with that third person to solve the matrimonial problems with your husband

No doubt your husband cannot initiate any action agaisnt the third person without any evidence hence you may better see if there are any evidence left behind and may clear them.

.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

I don't wanna leave with him,, I want divorce

If that iw what is your decision, then you may consult a local advocate and move the desired divorce case agaisnt him on the grounds of cruelty citing suspicions and cruel acts as reasons for seeking divorce.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

He is not allowing out from home,, I don't wanna leave with him,, and I will file a divorce petition to,, so what I should,, my friend also busy up with his career in police department,, we should safe,, in behalf of law,,

Let you not leave any evidence to prove an act of adultery.

Without evidence your husband cannot lodge a criminal complaint for the acts of adultery.

You can file a divorce cae before he takes any action and may cite that he is trying to avenge you by this false case for the reason that you have filed divorce case against him.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

And what about my friend,, first I want to leave from my husband home for now,, in future I will do that,, before leaving should I intimate in police station,, that I am leaving home bcoz of his torture for this,, my friend is not involving like that,, should I intimate in Police station,, bcoz my friend also busy up with his career in police department,, we should safe,, in behalf of law,,

You are at liberty to leave your matrimonial home and you dont need to obtain permission from anyone for this act.

You need not even inform the police about it, he cannot claim or confine you into the house, that will be considered as an illegal act.

Ask your friend to not be in contact or touch with you for sometime till he gets an employment to safeguard himself and his career

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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