Mam this is harassment, cruelty and abuse file a domestic violence complaint at you home town mahila police station along with the 498a for physical violence,cruelty and 406 ipc for your stridhan. Further seek maintenance and residence under the domestic violence act and 125 crpc from the husband.

Also file an application before the court seeking permission to file divorce as under the Hindu law(supposing you a hindu as not mentioned kindly correct me if married under any other law) no divorce application can be filed within one year of the marriage.

For taking a divorce the Indian law prescribes that divorce can be sought by either of spouse after 1 year of marriage. However, section 14 of the Hindu Marriage Act prescribes that this period is not mandatory and can be waived off by the court on the reasonable grounds and if marriage is beyond repair.

In India there are two divorce - mutual divorce and contested divorce un mutual divorce both husband and wife jointly files a petition before the court but in a contested divorce either of the spouse files a petition before court for obtaining divorce from the other spouse on one of the ground mentioned in the Hindu Marriage Act under section.

You can file cruelty case and protection of women from domestic violence act case against your in laws .you can even file maintenance case against your husband

This marriage needs to be at least one year old before you can approach the court and seek divorce.

Mutual consent divorce is the best way to come out of this marriage.

For now, you must file a domestic violence complaint against your husband and in-law.

See a local lawyer for doing the above.

1. Your marriage is certainly not working out and in such condition it is advisable that you come out of this marriage.

2. To dO this you have two fold options - one is to file cases before the police and court so as to punish them for the offences committed against you and simultaneously file case for maintenance as well.

3 Another option is to forgive them for their sins and ask for mutual divorce so in stead of mud slinging you break this marriage in a honourable manner.

4. So depending upon your choice you can choose the right option.

Answerd by Adv kavery Anand Bangalore. Dear client file DVA.. 498a.. and Divorce on the ground of cruelty..harrasment...and Adultery..case against him...and his parents..and ask compensation...and take Divorce.

For more details call me through kaanoon.com

Pl give RATING and feedback for appreciation.

Hello,

You can file a case of harassment and dowry on the husband and the entire family.

Also, after one year of the marriage you can file a case of divorce on the ground of cruelty.

As of now, without any delay you must file an FIR against your husband and his family members.

Regards

1) For getting divorce you have to wait for 6 months and live separately from your husband.

2) If you want maintenance from him than can file maintenance case and DV against his family members.

3) another option is annulment of marriage so that you will be not called as divorcee in future.

Its upto you which path you want to choose.

You must immediately file a case of domestic violence in which you will need to obtain maintainanace and residence orders. Do not think of divorce your husband himself will come for settlement.

File complaint against your husband and in laws for dowry harassment under section 498A read with section 2,3 of dowry prohibition act

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

3) only in exceptional circumstances can you file for divorce before expiry of one year of marriage

4) file for divorce after one year in grounds of mental cruelty

Please file an application immediately under Domestic Violence Act and see the results, fight bravely don't worry.

For taking a divorce the Indian law prescribes that divorce can be sought by either of spouse after 1 year of marriage. However, section 14 of the Hindu Marriage Act prescribes that this period is not mandatory and can be waived off by the court on the reasonable grounds and if marriage is beyond repair.

The acts of your husband and inlaws amount to mental cruelty and divorce petition can be filed on such grounds as they are valid grounds of divorce.

I would suggest you to file maintenance case under section 125 CrPC in order to get maintenance from your husband if you are unable to maintain yourself.

You can also file an FIR under Section 498 a against your husband and his family.

1. You have many remedies under the legal framework. You are free to file a petition for dissolution of marriage but for this you have to wait till the marriage becomes a year old as Hindu Marriage Act does not permit the filing of a divorce petition earlier than a year from the date of marriage.

2. You may also file a DV case under Section 12 of DV Act to seek right to residence in the shared household of your husband. During the subsistence of marriage a wife has the right to reside in her matrimonial home. This apart, you can also seek protection order to direct them to cease all acts of domestic violence forthwith. DV Act also gives you the right to seek maintenance, alternate accommodation at your husband's expense and monetary damages for the domestic violence suffered by you.

3. Last but not least you can also file a FIR under Section 498A IPC for the harassment meted out to you.

Hello,

File a case under DV Act and a case under Sction498A,406,321,352,506 of IPC . Apart from this file a case under section 125 of the Cr.P.C. and seek maintenance from the court .

I can only suggest you not to take any job right now if u have supportive parents .

Hope this helps.

Regards

Dear Client,

At least for now you can claim maintenance from him and right to residence in share hold, if willing to live with him.

Complain to police for recovery of gifts given in marriage etc.

Dear,

You can't file divorce petition before completion of 1 year of marriage.

For maintenance you can file a petition in court.

stay in your husband's house is your right after marriage, no body

can stop you to live there, you can file case for this also.

1. It appears that you did not gel well with your husband in your marriage.

2. You shall have to decide as to what do you want to do with your said matrimonial relationship. Do you want to continue it or terminate it? You also should keep in mind that divorce is the 2nd most stressful event in one's life and you never know whether your next partner will be any better.

3. However, if you decide to call it a day, you should file a divorce suit against him seeking decree of divorce on the ground of cruelty.

4. It will be prudent on your part to negotiate with him for jointly filing a mutual consent divorce petition on agreed terms which will be disposed of within 6 & 1/2 months from the date of its filing and thereafter you can start your life afresh.

5. Meantime, you can also lodge a police complaint u/s498A of IPC alleging dowry harassment and also file DV case against them.

6. If you are not employed presently, you can file a maintenance petition u/s125 of Cr.p.C. claiming maintenance from your husband for which you should not collect he evidence of his current yearly/monthly earnings.

Sending such notice considered as threat. If demands not met will file case.

Just send notice for demand of maintenance and peaceful residence at matrimonial house.

Maintenance will grant by cort as an interim measure and for demand of maintenance and in absence of domestic violence, no maintenance.

Educated wife not entitle to maintenance but this will decide at the final disposal of case, interim maintenance will order.

1. Sending him legal notice setting condition and cautioning (he will call it threatening) him that if the said conditions are not fulfilled, you shall file police complaint u/s98A of IPC and also shall claim maintenance,will be strictly advised against since if any offence has been committed on you, you are supposed to lodge appropriate police complaint and there can not be any condition set for abstaining you from doing so. It will be considered/termed as arm twist/blackmail with the threat to the husband to lodge false complaint unless your terms are not met. Not to torture you can be a term since it is obvious that he will not torture you as per law.

2. Domestic relationship can not be improved with the threat of legal action. It is to be developed personally, if there is any such scope.

3. Since you are highly qualified and capable of earning to maintain your ownself, you are not likely to get any maintenance order from the Court.

4. Lodging/filing of 498A complaint and DV case is mostly to settle score and/or harass the husband and his family members which I prsonally advise against.

1) if you are working and there is not substantial differences in your income you woukd not get maintenance

2) if you file dowry harassment case chances of reconciliation are bleak

3) you can file DV case against husband and if you resolve your differences withdraw DV case

4) if you don’t want to take legal proceedings then visit family counsellor to resolve your differences

File a complaint in mahila police station police shall do counselling before FIR you can ask her to follow some of your demands and written compromise can be made, if they enter into compromise you can take back your complaint if not go ahead with the FIR. Notice wont serve any good purpose.

Yes maintenance can be granted if you are not earning and there are judgement even if earning then also maintenance can be given. No it is not necessary. Mam refer the above given solution it would be best or by invovling a lawyer your lawyer can ask them to make a settlement otherwise you shall go into litigation.

on filing 498a and DV the criminal case shall be registered and they shall be trial before the the magistrate, residence maintenance and protection.

Yes, you can send him this legal notice wherein you must also call upon him discharge his conjugal duties.

The only way to get a confirmation is through a post nuptial agreement, and that only in case your husband accepts to abide by your conditions.

Not at all necessary to file 498a and DV cases if the situation does not warrants so.

You have the following options:

1. You can lodge a criminal complaint against your husband, parents in law, brother in law and all those who had done acts of cruelty against you under section 498a IPC and under section 3 and 4 of DP act for demanding dowry, under section 503, 504, 506 IPC also for criminal intimidation and other offences.

2. You can file a DV case seeking the relief of protection, maintenance, return of your stridhan articles, residence and punishment and compensation for the violent acts unleashed agaisnt you;

3. You can file a petition under section 125 cr.p.c. claiming maintenance from him (provided if you are not employed)

4. You can file a petition under section 9 of HMA, seeking restitution of conjugal rights

Since they are very hostile and humiliating, you can find solutions only through legal course of action, hence consult a good lawyer in the local and proceed on the advise received.

.Is there any way i can send him a legal notice saying that I would go for 498a and maintenance case if he doesn’t fulfill my conditions?

Dont do that mistake, it will backfire and he may lodge a criminal complaint against you for threatening him or blackmailing him.

I need clarity on maintenance case; as i am well educated and healthy, will i be able to get maintenance from my husband?

On the basis of your unemployment status you can claim maintenance even though you are highly educated.

Is it necessary to file DV and 498a ? Isn’t there anyway in which i can settle things just by involving a lawyer?

Your husband and his parents have taken you for granted hence without any legal action you may not get the desired result, hence you may not beg them, live with dignity.

if i file 498a and a DV case? I want my husband to agree on my terms for my safety and to come up for a settlement

The legal actions taken by you against them will provide proper and legal solutions to close all your woes against them.

They may come for a compromise with you for the fear of legal and punitive actions agaisnt them.

Yes you an send him a legal notice.

Yes you will be able to get maintenance. You will have to share other details like your education, previous employment, salary etc for a concrete advise

Send a legal notice and see if he agrees to your terms.

Regards

Mam as I advised you earlier that file a complaint under Domestic Violence Act, it is nothing but Hon'ble court will try to solve the issue arises between you and your husband also your in-laws will come under pressure.I advise you when we are in a position under circumstances then we should not sent any notice or anything in writing, this may go against you. The question of one year or two does not fail our goal to file case under DV Act so please take steps in a manner so that there should remain always a corner to live happy in future rest of the cases may ruin your married life

and are filed when we decided that there are no chance to live together in future,.

prepare agreement between you and in laws including husband for future.

mention all the condition you want for your safety.

you are healthy and educated but if you are not earning well and your condition is

not good, you are eligible for maintenance.

1) You can get settle by family counselor and ask your husband to come for full n final settlement one time maintenance if he is ready to pay you one time maintenance than you can ask for one time maintenance and go with Mutual Consent Divorce