• Want to punish my husband

I m married since 1 year,1st august 2017.My Husband is in Indian Army.He tortured me physically nd mentally after 2 days of marriage,But he didnot say about any demand.For his job We met two time after married..He abuse me in phone also without any reason.He invited me at srinagar to solve missunderstanding between us..But he abuse me there too..With the help of local officers he promised me that he never do this further..We decided to return home together..Last thursday he drunked nd physically abuse me nd throwout me from his home.Local police didnot file my case as I have no strong evidents.So helplessly I choose to file mutual divorce case And I already did it.But I want justice..
When he physically torture me in srinagar,I m treated myself in Commando hospital.They suggest me to return home nd lodge case in local police station.they promised me that they help me by submitting the documents if I lodge any case.at this time they also help him.What I do?
Asked 4 years ago in Family Law
Religion: Hindu

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17 Answers

Firslty, it is very unfortunate to hear somehow OMG like this for the army man of our country.

Secondly, yes, you may be able to file case on him on the basis of the pictures that you have.

Thirdly, I advice you you to try it get some documents also from here and there whcih may prove that you were in hospital because of his tortured in you.

Fourthly, it would also be helpful if you can arrange some messages or recordings if any to show that he used to abuse you also.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

you should have filed DV case against husband and sought protection order

2) sought maintenance from husband

3) alternative accommodation

4) you can with draw your consent for divorce by mutual consent if you want reconciliation

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

you can rely upon pictures of injuries , medical reports to prove you were assaulted by your husband

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

1. It is not clear what exactly you want now. If you want amicable settlement then receive a sum of money and dissolve the marriage by way of mutual divorce.

2. if not then lodge a complaint of 498A IPC at local police station and if the crime is committed in Kandi then the local police would register the FIR . Otherwise it may send the complaint to the place where you were physically tortured.

3. Then file a case under PWDV Act claiming maintenance from him which would be around 1/4th of his income.

4. inform his higher authorities also stating the atrocities done to you.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Dear,

As you say you filed mutual divorce petition, that's mean he is also ready to give

you divorce. In this situation you don't need any evidences.

But if we see other side of this and he is not ready to give you divorce than file

divorce on the grounds of physical, mental torture.

You need all the evidences at the time of case.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

If you are being constantly tortured and ill-treated in your matrimonial home or are undergoing mental trauma due to the acts of your in-laws, you can immediately file a legal complaint against all such people. It is a general misconception that domestic violence is “only” committed by the husband on his wife, which is untrue. A woman can file a complaint against the husband or any of his relative.

The victim of domestic violence or any witness of the offence, on her behalf, can file an FIR/complaint with the local police officer, or the protection officer, or service provider, or directly to the Magistrate. The basic question that comes in the mind of every person filing a case is that which court should he/her approach? A domestic violence case is heard by the judge of the court within whose local limit either the victim resides or the accused or where the action has been committed.

The Magistrate shall upon receiving the complaint, commence the hearing of the case within 3 days of the complaint being filed.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Dear Client,

IF police do not take your complain, file through court. Also complain to army chief along with medical records and pics of injury. You can withdraw your consent of mutual diovrce as the same was taken by force.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Please go to your local police station on Mahila Thana and file your complaint against your husband you can submit a copy of your pictures along with your complaints for domestic violence and 498 a of IPC and also file petition for maintenance under section 125 CRPC in the family court

If you have filed divorce petition on mutual ground then let that come up for hearing.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Mam obtain the treatment document and report from the hospital as you have record there, if police is not registering the case the best thing to do is file a writ petition in high court for registration of FIR or a private complaint directly to the magistrate under 498a, Domestic violence act,406 ,323 IPC . Further seelk maintenance under DV act and also can infrom army officials and seek maintenance directly army has such provision.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Yes it is helpful it is very strong evidence the husband can be punished and the justice can be given it is admissible in court. Obtain copy of complaint and the injury reports and file for physical abuse on husband.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello,

File a case under 498A pic and section 125 crp.c for maintenance.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

1. You should have availed legal guidance much before.

2. Understand you have already availed MCD.

3. You can now file DV case and also police complaint u/s498A of IPC alleging dowry harassment wherein you can pray before the Court to ask the Army Hospital at S.Nagar to submit the related documents to confirm the torture meted by your the then husband on you.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. File the DV case and lodge the police complaint u/s498A of IPC and act as advised in my earlier post.

2. The records of army hospital of S.Nagar will be of importance for you to prove your allegation against the cruel acts of your ex-husband.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

File FIR on the basis of medical treatment and also file domestic violence suit.

You must file divorce suit on the basis of cruelty.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

You can lodge a criminal complaint against him before the local police for the assaults and injuries sustained due to his cruel acts.

You may not accept the mutual consent divorce also.

Let him file a contested divorce which can be challenged properly.

You may even file a domestic violence case against him and also a maintenance case under section 125 cr.p.c.

Besides you may include dowry harassment sections in your police complaint so that the pressure will be more effective.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

My Father did mail to AWWA for my security that time.But as I m forced to mutual settlement there father did not proceed it.I hav also some pictures of my injury..Is it helpfull???

Even now you can restore the complaint to AWWA and also to his parent department in order to make him realise his mistake

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

You can file DV case against your husband but that you should try to file in Military court and not in civil court than he will recognize what happen after betting to wife and provide all Srinagar evidence and proof along with witnesses of commandos.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

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