• Request to my husband for taking me back to my matrimony house

I was thrownout of my house on 22 june18..when asked to return back to my matrimony house i was threatned to not come bak as my husband and father in law will acquire restraining order against me. i on 11 july gave a complaint verbally which police didnot register. but they insisted my father in law to take me home.. however on the same day my husband gave NC against me stating that i m.threatning them.of filing false dowry case..i left for the interview next morning ...my father in law cleverly messaged my dad who is not so educated (steno by profession) asking him to mutually end this marriage my dad considering the fact i always complained of getting harrased gave consent to mutual divorce and also mentioned that they r calling me back home.. i came back home however after contacting lawyer i came to know that i cannot be tricked to leave my matrimony house i gave written dv case for all mental and emotional harasments happened to me.the police didnot file any case however also took my husbands written complaint .. now the question how will i prove in the court that my husband has forced me to leave my matrimony house. they have watsapp messages which prove that out my will i left my husbands house.
Asked 4 years ago in Family Law
Religion: Hindu

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15 Answers

File suit for restitution of conjugal right....if your husband do not give any valid reason to stay away from you then court will order him to take you back to his home.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Firslty, as you have filed the DV case against them, somehow you have taken the right step as no one can force you to leave the matrimonial home.

Secondly, if they have not file the case till now then I would advise you to move before the Mazistrate under section 156(3) of Cr PC.

Thirdly, once the complain has been register then they may come to know about the harassment which they gave been giving you since so long.

Fourthly, proving or not proving something may come at later stage not now.

But, yes the messages may lose your case.

Now, you can do one thing again try to come back if they deny then file one more case for illegal detainment as they can’t stop you to enter in the house.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Hi,

In these situations you may file a case for restitution of conjugal right also

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. If you believe that after reasonable time, police has not investigated your complaint, you can send complaint to superior officer under section 154(3) of Crpc or Magistrate under section 156(3) of Crpc to Magistrate

2. If Police do not investigate your case or refused to register FIR then get a Summary Report. (it is report that give you reason under what circumstances, police has refused to registered your FIR)

3. Thus, a Magistrate who on receipt of a complaint, orders an investigation under Section 156(3) and receives a police report under Section 173(1), may, thereafter, do one of three things:

(i) He may decide that there is no sufficient ground for proceeding further and drop action;

(ii) He may take cognizance of the offence under Section 190 (1) (b) on the basis of the police report and issue process; this he may do without being bound in any manner by the conclusion arrived at by the police in their report;

(iii) He may take cognizance of the offence under Section 190 (1) (a) on the basis of the original complaint and proceed to examine upon oath the complainant and his witnesses under Section 200. If he adopts the third alternative, he may hold or direct an inquiry under Section 202, Cr PC if he thinks fit. Thereafter he may dismiss the complaint or issue process, as the case may be.

4. you can also file direct complaint under section 202 of Crpc to the court.

5. In some cases whatsapp evidence accepted.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Mam directly file a DV case in the court or seek direction from the high court to file and register a case against FIL and husband in case. Further you have to provide proof of harassment these message wont help you, further provide court with the written complaint filed by you before the police station. Also messages to father wont hold any good in case even you have corroborative small evidence such as statement of neighbours other messages then also case can be proved.

Further seek protection residence and maintenance order from the court. File maintenance under 125 Crpc. Further if going for mutual divorce as legal hardship is difficult for you also can claim huge settlement amount can refresh start life peacefully.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You should not worry about the whatsapp messages and go ahead and take appropriate legal help. Even if the whatsapp messages may imply that you have left your matrimonial home on your will at that moment to time this does not mean that your husband and father in law get the perpetual right to deny you the right as a legally wedded wife.

You can move court and file case under protection of women under protection of women from domestic violence act 2005. You can state the truth that you were forcibly removed from the house or forced to leave the house and claim your right to reside in the matrimonial house.

You can also claim for maintenance for food, clothing and shelter as it is the responsibility of the husband to maintain the wife.

Sayyed Parvez
Advocate, Navi Mumbai
22 Answers
4 Consultations

4.9 on 5.0

Hii

1. You go head and write all the the details of facts as a story with hight till today and addressed it to SP and DSP of your jurisdiction . And even to approach to women social worker .

2. If it's not getting settled amicable then go to good matrimonial lawyer send notice under conjugal rights and wait up to notice period and even approach to family disputes office available near you locality to resolve your disputes and if not then go head with court fight for your right and innocence's.

All the best.

Rita Rajput
Advocate, Thane
189 Answers
2 Consultations

Not rated

You should send email / messages to husband that you want to return to your matrimonial home

2) that you do not want divorce and want to save your marriage

3) that your father did not consult you and replied to messages sent by father in law

4) return to your matrimonial home

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Complain against women police officer to commissioner of Police about favouring your husband

2) Police can call you number of times for recording your statement and for investigations

3) you can ask about husband statement made

4) don’t sign any papers which is not as per your version

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1. During subsistence of marriage wife has right of residence in the shared household of her husband. You may file a DV case under Section 12 of DV Act to seek right of residence and protection order to stop your husband and his family members from committing further acts of domestic violence against you. Your mere statement that you have been forced out of the matrimonial home supported by your affidavit will suffice in so far as getting residence and protection order is concerned. It is not to be proved strictly.

2. You can also file 498A complaint against your husband for the harassment meted out to you by your husband and in-laws. If police does not lodge the FIR then you may file a complaint case under 156(3) Cr.P.C. whereunder court can order police to lodge it.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. You can ask her to maintain secrecy and privacy though police personal donot discuss such cases in open.

2. You can ask them to record presence though you will be called fir investigation

3. She will be on duty. Dresses may be according to job assigned order from superior officials.

4. You can ask a copy.

5. Donot sign something you do not agree with peruse changes in same.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Yes,

you may start cases at women police station. You may approach to court for your rights. The police officers in certain cases are permitted to be in civil dress.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Whatever you have mentioned should not take place. Its illegal on part of police. You should approach commissioner of poluce with written complaint regarding all this things happened with you.

If he also does not take action then you can send complaint to district judge and then court will take the matter in their hand and order police to do theif work.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Your RCR case will prove that you have been driven out of your matrimonial home.

The WhatsApp message cannot be admissible evidence in court.

You file a Petition before judicial magistrate court stating that police is not registering a case against him, the will direct police to initiate proper action on your complaint.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

1. Since your husband might have bribed the police they are showing this discrimination.

2. You can keep a record of all your visits.

5. The police obviously supporting your husband side for the consideration received.

You may wait for the charge sheet to be filed so that you can seek for reinvestigation.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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