• Forced to leave matrimony house by husband and father in law

I have been married for 2 months and my husband and me used to regular fight with each other..one day i was asked to leave my matrimony house stating that he needs a cool off period and i can return after 4-5 days.. when tried to return house i was not taken back.. my father in law and my husband told me that they will brimg restrainning order from.court. i went to police after few days to lodge a complaint.. upon request i also submitted my written complain about the torture and harassement took place in the house.. but the lady police did question me left right centre and asked me to come after 2 days. again she called me for enquiry where she was on a civil dress despite being on duty in her cabin named didi...i also felt she was recording my statement in her mobile... today my husband and father in law has given an written complaint which she lodged in her diary... she called me to police station stating that she will counsel between us but on arriving started enquiring me and taking my husbands side..i dont understand wat should i do..?? also can that lady police officer use the voice recording against me as proof in the cpurt
Asked 5 years ago in Family Law
Religion: Hindu

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24 Answers

Statement recorded in police station is not admissible in court. You can deny it anytime. You can claim you did not said it voluntarily. It is not admissible in court till ypu verify its truthness.

About your marriage if you want to be with your husband you can move petition for restitution of conjugal right and court will order your husband to take you back with him if he did not give any valid reason for throwing you out.

And if you dont want to be with him then you can apply for contested divorce on the basis of cruelty by husband and in laws as well as ypu can file suit against them under sec. 498A of IPC for cruelty done to you by your husbnad and in-laws.

If you want to proceed through police station then you can approach commissioner with written application and request him to take action on the complaint filed by you. Or you can file write petition in High court to direct police to investigate in the matter.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

4.8 on 5.0

What you are describing here is an instance of emotional and economic abuse as per the Protection of Women from Domestic Violence Act, 2005.

You cannot be prevented from entering your shared household, and you can move an application under the Act for among other things an order compelling your husband and his family to take you back into the shared household.

Explanation (iv) to Section 3 of the said act is clear that economic abuse consists among other things in:

“(c) prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household.”

You can file an application before a magistrate under Section 12 of the Act if they continue to refuse to allow you inside the house. In the application, you will have to pray for what’s called a residence order. This is basically an order under Section 19 that compels the respondents to readmit the victim of domestic violence into the marital household.

Since you are based in Mumbai, I would advise you to call 1298, a toll free women-issues helpline. They will tell you more and help you. Stay strong!

And please don’t worry about the police officer who is harassing you. She can do zilch.

Pulkit Chandna
Advocate, New Delhi
208 Answers
5 Consultations

4.9 on 5.0

1) file DV case against husband, in laws in magistrate court seek protection order , right to stay in your matrimonial home , maintenance from your husband

2) if you have been harassed fir dowry file dowry harassment case under section 498A against husband, in laws

3) voice recordings cannot be used against you in court

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1) You better go for annulment of marriage and file case in the court, instead of fighting for divorce and other family matters. Plus you will be not called as divorcee in the future.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

1) try to save your marriage.

2) do you know about mediation?

Mediation is a form of alternative dispute resolution and is a way of resolving disputes between two or more parties. Apart from parties referring disputes to mediation voluntarily, under Section 89 of the Civil Procedure Code, 1908 where it appears to court that there exist elements of a settlement which may be acceptable to the parties, the court may refer parties to, inter alia, arbitration, conciliation or mediation. In mediation, a third party (the mediator) assists the parties to negotiate their own settlement. In some cases, mediators may express a view on what might be a fair or reasonable settlement, generally where all the parties agree that the mediator may do so.

if you are interested in mediation then visit lok adalat of your jurisdiction.

3) if police refusing to file FIR against Your husband?

Send your complaint in writing to the Superintendent of Police (SP) by registered post.

Make a written complaint to the concerned State Human Rights Commission or the National Human Rights Commission that the police are not doing their duty of enforcing the law or that they are being negligent, biased or corrupt.

you can also file complaint online to nation human right Commission (nhrc) website.

4) you can also file 498/a and domestic violence through private complaint at your jurisdiction court against husband.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

There is nothing to worry.

Whatever your complain is write it in paper and speed post it.

And file domestic violence case seeking maintenance and residence order.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

1. The police to avert matrimonial crisis can counsel both parties and there is no harm in it. However of you wish to enter into your matrimonial home then you can file a case under domestic violence act wherein the court can pass restraint order against your in laws if your entry and peaceful stay in the house,

2.If the police calls you and your husband for counselling there you can visit along with your advocate. however unless any FIR is registered by you u/s 498A IPC there would not be any enquiry of investigation.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

1. During the subsistence of marriage wife has the right to reside in her matrimonial home. You can file a DV case under Section 12 of DV Act to seek right to residence and also protection order to stop all kinds of domestic violence. There is a provision for criminal prosecution of the violator of protection order under DV Act.

2. You cannot find out the correct marital status of your husband by filing a petition in any court. If he was previously married then his marriage must have been registered in the office of marriage registrar. So you should conduct a search in that office through a lawyer.

3. Just file the case under DV Act instead of going to police station.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Engage detective agency and gather evidence of his earlier marriage

2) you can take your Lawyer with you to police station

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1) You have to check with his close relatives and neighbors whether he had previously married or unmarried. If you first find this than you can file fraud and adultery case against him.

2) You can first check what she is saying understand from her side, she must be women cell officer so you can't deny her suggestion. You visit when the women cell all authority are present on desk you can visit at that time, so other officers of women cell may talk from your side and that lady officer may not harass you.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Dear Querist

you should immediately file a domestic violence case against them before the magistrate court and if you are unable to maintain yourself then claim maintenance too. apart from the maintenance, you may claim protection, right to residence, child custody, if any, maintenance and compensation as per section 18,19,20,21 & 22 of the Protection of Women from Domestic Violence Act-2005

if you want to live with your husband then you may file a petition for restitution of conjugal rights under section 9 of Hindu Marriage Act-1955 read with section 24 of H.M.A. for pendetelite maintenance.

if you are not willing to live with him and want divorce then you may file a divorce petition based on cruelty under section 13(1)(ia) of Hindu Marriage Act-1955.

if there is any dowry demand then you may also file a criminal complaint against them before police or court for the offence of cruelty under section 498A of IPC.

Feel free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

You have to file a complaint in police and even if you doubt that your husband's second marriage you make complaint about that husband you are forcefully evicted from the matrimonial house you my request police to sent you back you are matrimonial house the police is will do the mediation in this regard and in case any settlement arrives then you may be able to go to your home

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

On has to understand to system of Indian Law and order and police officer how they work.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Hii

See all facts from your side is not clear , cannot make out what statement you have given at police station that you scared of going against you.

See now a days women protection cell are provide all over villages and towns for the protection of women's against cruelty etc.

Whether it's love marriage or arrange marriage on the base of complianc application given by women the police do enquiry up to their end and then converts the application into FIR if they the husband and his family is guilty.

If you are sure that you right and police is not supporting you and do bias investigation go head complain and SP and opt a good matrimony lawyer and send them notice for conjugal right.

Rita Rajput
Advocate, Thane
189 Answers
2 Consultations

Not rated

You must file a immediately file a petition for restitution of conjugal rights against your husband.

FOr the domestic violence that has been meted out to you at the hands of your husband and your in-laws, you must file a complaint under the provisions of the domestic vioelnce act. Contact a local lawyer for furthet action on your restitutuion and DV complaints.

As regards to your complaint/FIR in the matter with the Police,. follow up with the concerned lady Police aftre with whom you have been meeting. FIR is not directly lodgeded in matrimonial matters these days without the Police attempting to reconcile the matter in counselling.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

There's no legal petition which you can file to know the factum of his first marriage.

Hire a detective agency to know this, or make your personal efforts.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

This fact can be confirmed through RTI at marriage registrar office.

Take lawyer with you.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

- The police cannot use a recording under such circumstances as evidence in court.

- There is no legal way of finding out whether he was married before. However, he may be questioned about the same in court in the course of future proceedings.

- It would be advisable that you appoint a competent local lawyer and have him/her accompany you next time you are summoned.

- You may handle the matter on your own and forward a complaint to the Addl. DCP highlighting all your grievances and also your concerns about the police lady. This will force the police to behave in a proper legal and unbiased manner.

You may further forward your grievance to the State National Commission for Women. If need be, they will help conciliate between you and your husband or order an investigation on the basis your complaint.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

1. You may approach the senior police official and lodge the complaint directly if the lady officer is not lodging the FIR against the husband and the family members

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

1. there is no legal petition by means of which you can get the details of the husband, at max you can engage some detective.

2. Yes do take a lawyer with your self

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

The voice recording by police cannot be produced as evidence in court.

If the local police do not cooperate then you may approach higher police officer with a similar complaint seeking direction to the local police for proper legal action on your complaint.

If this is also not effective then you may approach judicial magistrate court with a Petition under section156(3)cr.p.c. seeking direction to police for initiating proper legal action on the complaint pending before them.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

For finding about your husband's previous marriage you may have to rely on your own sources, legally you can't take any information about it.

You can take the assistance of a lawyer.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Probably she has been bribed. Don't worry, please make a written complaint to police and send it to Jurisdictional police station, ACP, CP, DCP by registered post acknowledgement due. Also send same complaint by email too. Next step is to approach the court of law. Most importantly don't leave the house. Try to gain entry legally and yet forcefully without harming anyone because it is your house.

Susheel Kumar
Advocate, Mumbai
34 Answers

5.0 on 5.0

This is my response to you:

1. You can file an RCR petition in the court;

2. Also, the police officer cannot use that recording as evidence;

3. Oral statements made to police are not admissible in court;

4. To find out the truth about your husband take him to court;

5. Or you can search the records at the office of the Registrar of marriages;

6. Always appear in the police station or court with a lawyer so that no evidence is collected against you.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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