• Marriage on false pretences and domestic violence

I was married in April 2017 and now I have a baby girl. Currently we both are living with my parents. My marriage was fixed on the basis of his desire to beacome a teacher and his qualification regarding that but he never showed his academic certificates to my family before marriage and even he didn’t show it to me. So I doubt if he is qualified and sometimes I feel like he is illiterate by the way he behaves. My husband doesn’t earn anything and he often says that he will be living like this for whole life now I don’t know what to do in this situation. His sister was very cruel to me. She always tortured me mentally. His brother abused me and my family all the time. They demanded 10 lacs from my father at the time of marriage so my father gave them demand draft of rupees 10 lacs in favour of me. He and his brother forced me to withdraw the whole amount. Later that money was deposited in the joint account of me and my husband. My husband even stole my money that my parents gave me whenever they visited to me. I have been gone through many mental trauma that is not feasible to write in detail. In the month of April I gave birth to a baby girl. His family members said we can’t feed you any more. You should get your own. Since then I am living with my parents.
I want to know how can I get justice for all that I have been gone through. Under which sections of IPC should I file case.
Asked 1 year ago in Family Law from Bharatpur, Rajasthan
Religion: Hindu

file case of dowry harassment against husband , in laws under section 498A of IPC read with sections 2, 3 of dowry Prohibition act

2) also file DV case against husband , in laws . seek protection order , maintenance from husband , compensation for mental torture undergone by you

3) file for divorce on grounds of mental cruelty . seek interim maintenance and alimony from husband , sole custody of your daughter

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

अगर आपके पति ने अपनी शैक्षणिक योग्यता के विषय में आपसे झूठ बोलकर विवाह किया है, तो यह भी क्रूरता की श्रेणी में आता है और इसको लेकर आप यदि चाहें तो संबंधित परिवार न्यायालय में तलाक के लिए याचिका दायर कर सकतीं हैं।

दूसरा, यदि आपके ससुराल वाले आपके साथ अतिरिक्त रूपए के लिए आपके साथ क्रूरतापूर्ण व्यवहार कर रहें हैं तो आप 498-ए आइपीसी के तहत भी संबंधित पुलिस थाने में एफआईआर दर्ज करा सकती हैं।

आप चाहें तो इस संबंध में संबंधित न्यायालय में घरेलू हिंसा से महिलाओं का संरक्षण अधिनियम 2005 के अंतर्गत भी याचिका दायर कर सकतीं हैं।

Sumit Agarwal
Advocate, Jhansi
7 Answers

Not rated

Please firstly file a petition under section 125 Crpc claiming maintenance for yourself and child from your husband.

Secondly lodge a complaint with mahila police station for dowry harassment and also for domestic violence make your in laws including brother in law sister in laws as parties.

In domestic violence act petition claim for entire amount spent by your father to be repaid to you by your husband. Thereafter file for divorce on ground of cruelty under Section 13(1)(ia) of hindu marriage act

Swarnarka Chowdhury
Advocate, Mysore
1769 Answers
4 Consultations

5.0 on 5.0

Hello,

File a domestic violence case against your in laws and husband along with s. 498a of the IPC. as they also compelled you to give dowry..They are also liable for prosecution under the dowry prohibition act.

You can file this complaint from your home town.

Speaking about lies....your husband and his parents also lied to you about his qualifications and his job....so put that slso in the complaint.

Regards

Rahul Mishra
Advocate, Lucknow
4346 Answers
11 Consultations

5.0 on 5.0

Hii

Very sad to know about your mental agony .

If you know to act bold and take firm decision writing a complain under 498a to police protection women cell in your area giving all and facts in that complain about all incidents and trauma you face by husband and his family including cheating and dowry including all names who has done harassment.

Police takes 15 days to initiate the complain into fir under 498 a after the formal investigation and inquiry.

After the first intiniated your case will be registered and you get a public prosecutor and go head with your case. I between. If husband andbHis family is coming for compromise put your points in front ....

Regards

Rita Rajput
Advocate, Thane
154 Answers
1 Consultation

Not rated

A Hindu woman's right to maintenance is a personal obligation so far as the husband is concerned, and it is his duty to maintain her even if he has no property. It is well settled that under the Hindu Law, the husband has got a personal obligation to maintain his wife and if he is possessed of properties then his wife is entitled to a right to be maintained out of such properties.Maintenance is not merely a legal right. It is part and parcel of basic human right. For weaker sections, it is a problem in the sense that their very survival rest on the maintenance. The object behind the provision is two-fold: firstly, to prevent vagrancy resulting from stained relation between the husband and wife, and secondly, to ensure that the indigent litigating spouse is not handicapped in defending or prosecuting the case due to want of money.

So you can claim maintenance amount from your husband by way of filing a petition under 125 crpc .

If the consent to the marriage contract was obtained either by fraud or force, then there are grounds for an annulment. In your case if your husband’s educational qualification is false ie; which he disclosed at the time of marriage is false than original then its comes under cheating It is valid ground for dissolution of marriage.Even when a solid case of fraud is proven, courts might decide that it is outweighed by countervailing factors.

Any kind of abusive behavior by your husband or male partner or their relatives (includes male and female relatives) are protected under Protection of Women from Domestic Violence Act 2005. .The act of the husband or his relative is need not be physical abuse; it could also be verbal, emotional, sexual or economic abuse. So you can file case under DV act against the relatives .The DV Act provides that the aggrieved person may approach not only the Magistrate but also the Civil court, Family court or any other courts and seek relief’s including protection orders, residence orders,monetary reliefs,custody orders, and/or compensation orders.

The same time you can file dowry harassment case .

If possible the differences between husband may be settled amicable Hindu marriage is a sacred and holy union of husband and wife by virtue of which the wife is completely transplanted in the household of her husband and takes a new birth. It is a combination of bone to bone and flesh to flesh. To a Hindu wife her husband is her God and her life becomes one of the selfless service and profound dedication to her husband. She not only shares the life and love, but the joys and sorrows, the troubles and tribulation of her husband and becomes an integral part of her husband’s life and activities.

Ajay N S
Advocate, Ernakulam
3156 Answers
64 Consultations

5.0 on 5.0

Dear Concern,

Please take note of the following -

1. You can file a case of domestic violence in against your in-laws to get justice by getting them penalised for the wrong done by them and maintenance for yourself and your child.

2. You can file another case of maintenance for seeking maintenance for yourself and your child.

3. If you do not want to continue in this marriage then you can file a case of divorce u/s 13 of HMA on the ground of cruelty and can file another case of custody of your child under the HMA. You can also use HMA to seek maintenance for yourself and your child.

4. If you have proof with yourself to prove as to how cruel were your in-laws then you can approach the police and get a criminal complaint registered in against them under section 498A of IPC and under Dowry Prohibition Act.

Pulkit Prakash
Advocate, Delhi
134 Answers
3 Consultations

5.0 on 5.0

Hello,

You file the complaint with entire facts and the police thereafter will invoke the relevant sections.

Your case will be filed under 498A, 504, 506 of IPC and section 3/4 of DV Act alongwith the provisions of dowry prohibition act.

Also, you can file a case of divorce on the ground of cruelty.

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

Dear Querist

demanding dowry is an offence under The Dowry Prohibition Act-1961 and you may file a case against them before police or court apart from this the cruelty in terms of dowry is also punishable under section 498A of IPC which can be added in your case.

for domestic violence, you may file a criminal case against them before the magistrate court under section 12 of the Protection of Women From Domestic Violence Act-2005 and claim protection, right to residence, child custody, maintenance and compensation under section 18,19,20,21 & 22 of the Act.

Feel Free to Call.

Nadeem Qureshi
Advocate, New Delhi
5333 Answers
257 Consultations

4.9 on 5.0

Hi, it is advisable to register a FIR under 498 A for dowry harrasment .. Also file 125 Crpc for monthly maintainance from your husband for daughter and yourself ..

Hemant Chaudhary
Advocate, Gurgaon
4259 Answers
31 Consultations

4.9 on 5.0

1. To begin with you have to decide what you want. If you want to continue in the marriage then your remedies are different from what they are if you wish to terminate it.

2. You can file a criminal complaint under 498A and 406 IPC for dowry harassment and recovery of your stridhan.

3. You can also file a DV case under Section 12 of DC Act against your husband and in-laws to seek protection order to stop further acts of domestic violence, alternate accommodation at your husband's expense, maintenance for yourself and daughter and monetary compensation for the domestic violence suffered by you.

Ashish Davessar
Advocate, Jaipur
26131 Answers
782 Consultations

5.0 on 5.0

1. They seem to be law breaker and have no intention for a happy marital life.

2. In that event do not digest the agony and tortures in silence You must bring them to books to get them tasted the flavours of law.

3. So lodge a complaint so FIR is registered under section 498A, 406 of IPC.

4. Then file a case under PWDV Act seeking monthly maintenance and compensation. In the said case also you can claim return of stridhan articles and money gifted.

Devajyoti Barman
Advocate, Kolkata
17824 Answers
253 Consultations

5.0 on 5.0

A complaint can also be filled under section 498-A of IPC for cruelty which also falls under domestic violence.

Pusparani Mohapatra
Advocate, Bhubaneshwar
5 Answers

Not rated

You should file a case of 498a, domestic violence and dowry further under 406 ipc for the stridhan.

Further you can file a divorce case on grounds of cruelty. Further file a maintenance case for baby girl and you under crpc 125.

Shubham Jhajharia
Advocate, Ahmedabad
19398 Answers
76 Consultations

5.0 on 5.0

You should file dowry harassment case in local police station within whose jurisdiction you stayed after marriage and where incidents of dowry harassment took place

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

Hello,

You should file a complaint with the local police station where you are residing. You should file a complaint from a place whixh is more convenient for you. The law permirs you to do so. Mention all issues as you have stated. In case the police is reluctant to lodge a complaint file the same with the Magistrate.

Regards

Rahul Mishra
Advocate, Lucknow
4346 Answers
11 Consultations

5.0 on 5.0

You can file maintenance petition and divorce from where you reside. Also you can file for dowry harassment in police station where you reside just state that you did not lodge complaint in your husband hometown Since you feared for your safety. Domestic violence case needs to be filed in court.

Swarnarka Chowdhury
Advocate, Mysore
1769 Answers
4 Consultations

5.0 on 5.0

बेहतर होगा कि आप अपने होम-टाउन से केस फाइल करें। मेरे व्यक्तिगत सुझाव से पहले घरेलू हिंसा का केस करना अधिक उचित रहेगा।

Sumit Agarwal
Advocate, Jhansi
7 Answers

Not rated

1. File a complaint under 498A in the court under 156(3) CrP.C.

2. The complaint has to be filed where the offence was committed.

Ashish Davessar
Advocate, Jaipur
26131 Answers
782 Consultations

5.0 on 5.0

You should proceed for both police and Court, file a complaint under section 498a against all the culprits and you can also get his brother involved in some serious cases of 354 and your husband under 377 plus 120b against all the family members with 37 which is common intention. Further move to Court for a case of domestic violence against all the family members and a divorce a case too. You have a lot to do for getting justice in your hands

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

Hiii

I'd and address proof consists which ever address is mentioned for court procedure.

directly going does make sense and a proper legal court

You to go the women's protection police cell of that locality of either place where you got married or where you are staying with husband and in-laws

Go with written complain with all details of harassment with all names for harassers and take stamp of receiving of that police station and same copy dispatch SP office under your jurisdiction.

The police will and has to convert the complain into fir under 498A of domestic violence act, After the investigation procedure code of Criminal procedure act.

Keep following with police and make sure they convert into FIR, So go with good lawyer. To police station

Rita Rajput
Advocate, Thane
154 Answers
1 Consultation

Not rated

Dear Client,

Money was given via DD, file FIR where DD handover. Make it at your place, direct FIR and include many other charges of violence and assault.

Jurisdiction for filling complain is where incident committed, make any such incident at your place and rest will count as continuing incidents.

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

you can file the case before the Women cell in police station husband resides for proper jurisdiction

Shubham Jhajharia
Advocate, Ahmedabad
19398 Answers
76 Consultations

5.0 on 5.0

First you will have to file the same in the PS if they refuse to file a case then a case can be field before the court u/s 156(3)

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

You can file it in your hometown, if you are now living there otherwise the same is to be filed at the place where you were living with your husband

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

You can lodge a criminal complaint for the dowry demand and harassment and the cruelties thereon with a local police station under sections 498A IPC and section 3 and 4 of DP act. The complaint can be lodged against him, his mother, sister and his father also (if living);

You can file a DV case seeking protection, maintenance, compensation, interim maintenance, residence etc;

You can file a maintenance case under section 125 cr.p.c.

If the situation is intolerable then you can file a divorce case also on the grounds of cruelty.

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

now I want to know that which one would be better to file a case going to a police station or a court. Where should I file the case in my hometown or the town my husband belongs to.

You can file the cases simultaneously before police as well as before court also.

Dont wait anymore for relief to come automatically.

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

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