I am a 20 year girl from remote Uttarakhand village. We are agriculturists and occasionally my father works as daily wage worker. In December 2016, I was married to a person as decided by elders. After marriage I realised that all they wanted was a slave not a daughter-in-law. I was harassed psychologically in all possible ways. My husband also doubted my character(that I have an affair with someone) and every now and then threatened me that he would leave me and marry another girl. Being too young to understand the nature of people around I thought time would heal everything. A girl was born to us in November 2017. My husband said this is not my child and started creating all sorts of trouble. My parents supported me and we were ready for DNA test. In February 2018 some elders interfered and sent me back to husband's house. But same harassment continued. I realised that I was just property or possession for my husband. He can use me in whatever way he wants. He can't tolerate my happiness in any form. He threatened me that he would kill me and he would go to Jail. In July 2018 my parents brought me back. Women and Child welfare department people came to know about our case and they called us for enquiry and to arrive at a solution. There also he kept on questioning my character. The department officials also realised that my husband is making false allegations just to trouble me. He wants to take me back because he knows that I am happy at my parents house. But now I have decided that I can't live with him. Because of him my life is completely ruined. Me and my family are facing tremendous pressure and insult from village society. But we have decided to fight it out. Unfortunately I don't have any proof of husband and in-laws harassment. I have the following questions. 1. What should I do next so that we get compensated(at least marriage expenses and daughter's future) for all this trouble he gave us? 2. What is the legal validity of women and child welfare department's enquiry and conclusions?
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1. File a complaint for harassment against him with the police and file a divorce case on the ground of alimony and thereupon you may claim the alimony from him i.e., the marriage expenditure etc.
2. There order can not be enforced, they usually act as mediation cells. It is advised that you approach the police and the family court.
Regards
1) You can file case against your husband and his family under section 498a IPC for dowry and DV act in the form of mentally and physically
2) You can ask maintenance under section 125 CrPC. so that you and your girl child can get alimony and you will be live your own life.
1) file DV case against husband seek protection order , alternative accommodation, maintenance , compensation for mental torture undergone by you
2) seek custody of your daughter
3) also file for divorce on grounds of mental cruelty, seek interim maintenance from husband , custody of your daughter , alimony
4) husband accusing wife of having extramarital affair amounts to mental cruelty
5) husband accusing wife of having illegitimate child amounts to mental cruelty
You have to file a case of maintenance for yourself and child in the family court and let him pay the maintenance or both of you at the same time you can file FIR under Section 498 a of IPC and Domestic Violence Act you have not discussed about any dowry demand from your in laws as well as your husband.
If you don't wish to continue with this marriage after six month of your separation you can file divorce petition on the ground of the cases you filed against your husband and his family
1. Mam file a police complaint of domestic violence and 498a intimidation/ threat to kill and further seek maintenance and residence under DV act. . Further if dowry is involved or given in marriage then under section 3 protection from dowry harassment act and 406 for your stridhan .
2. Also file a divorce case on ground of mental and physical cruelty and ask maintenance there also with your child custody and his maintenance.
3. The department and it's conclusion.can be used.to.support your case in court.
1. This marriage is not working and hence your husband agrees to mend his ways it is better to dissolve this marriage.
2. So to dissolve the marriage you can go for mutual divorce which takes not more than six months of time.
3. However while agreeing for mutual you should first receive a lump sum to secure future of your child and yourself.
4. If he does not agree for giving a lump sum of money then you can file case under PWDV Act wherein you can claim monthly maintenance. one time damages/compensation and return of stridhan articles.
5 Additionally you can file case under section 498A, 406 IPC as well .
If you have order copy of the inquiry and conclusions arrived by women and child welfare department if it is in your favour use it as tool to file for divorce on ground of cruelty under Hindu marriage act and present a petition claiming maintenance for yourself and child through court under section 125 Crpc along with interim maintenance under sec 24 of Hindu marriage act for litigation expenses.
you can file compensation for harassment's. if your partner is ready for mutual then you can decide the amount with your partner. you can claim expenses for the marriage.
1. Your daughter can file a DV case against them in which she can seek protection, residence, return of her articles, compensation for the marriage expenses etc. and also for interim maintenance in the same case.
Besides she may even lodge a criminal complaint for dowry harassment and related cruelties.
department or the women commission may not be very effective, hence full reliance on them may not fetch any fruitful result.
2. Child welfare committtee
1. There is no provision in law to seek recovery of marriage expenses. The utmost you may do is file a civil suit for recovery of expenses but then courts do not decree such suits unless it is proved that consent to marriage was obtained in a fraudulent manner.
2. You have better remedies under the legal framework. You may file a DV case under Section 12 of DV ACt to seek monetary compensation for the acts of domestic violence suffered by you along with maintenance for yourself and child. In a proceeding under DV Act the acts of violence are not to proved strictly. Your mere affidavit can suffice.
3. Women and Child welfare department is not a court. It can only attempt to reconcile the parties, nothing more.
4. Engage a lawyer and seek your remedies before the court.
Answerd by Adv kavery Anand Bangalore.. dear client.. I understand Ur situation..
1) u can file DVA 498a ,against Ur husband and in-law..
2) Then u can file Divorce case against Ur husband on the ground of cruelty .. mental and physical harrassment
3) as u said u don't have any proof to prove that they are harrassing u... But Ur case is already reached to women and child welfare... So u contact them again and take a order copy from them ...
And lodge FIR in near by police station..
And ask Ur close friends or relatives to give witness in court in favour of u..
That much is enough. To get Divorce from Ur husband..
4) u can file CrPC u/s 125 against Ur husband for maintenance or alimony for u and Ur kid .
For more details please call me through kaanoon.com
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Thank you all for your valuable suggestions. My village is away from the place where court is located. For next two months, we have to spend lot of time in agricultural work, which is our only source of livelihood. Also I have a ten months baby to take care. So we are planning to file a case after two months. Meanwhile as suggested by many of you, I want to file a police complaint, informing them about my case and seeking protection from further harassment through pressure tactics. We don't want to send them to jail and make things complicated. As far as possible we(me and parents) want to go for lump sum amount settlement and mutual consent divorce. But my husband may try to prolong the court proceedings just to harass me. In that case we are also ready to fight for our rights.I have the following questions. 1. Is it OK if I file a case after two months ? 2. Based on my complaint what sort of action police will take on husband and in-laws? 3. What things I should not mention in police complaint to avoid arrest of husband and in-laws? 4. Should I contact a local lawyer to file a police complaint or a plain written complaint would suffice?
It is not in your interest to wait for 2 months
2) in DV case summons would be issued to husband, in laws
3) if you hav e been harassed fir dowry then only file dowry harassment case under section 498A of IPC
4) contact a local lawyer
1. It is your circumstances which will provide an answer to this.
If you are in a dire state, you may take an immediate action or else you may decide it to initiate at your leisure.
2. You may insist police to take stern action on them for this on the basis of complaint, the police may summon them, enquire and register the FIR if necessary.
3. If you do not want the police to stern action against them then you need not lodge a complaint at all.
However you can request the police to to not make any arrest and to warn them strictly.
4. You can approach police directly without the help of lawyer.
1. Divorce case can be filed after two months but it will be better if you file a FIR instantly so that they are ready for settlement and mutual divorce can be taken,
2. Police can arrest them after today 498a judgement modification and shall further investigate the matter.
3. See if you will not press the police will not arrest on there on but it is better to give clear facts otherwise they can claim that you gave a false complaint.,
4. Lawyer will assist you to draft a proper complaint so there is n loop hole in it.
1. Yes based on the inputs given by you, you can wait for two months.
2. They will call your husband and in-laws and try to mediate the issue in your presence. You may press your demand for mutual divorce at this stage.
3. They are any ways not going to arrest, irrespective of what you mention in your complaint. There's no automatic arrest in matrimonial cases anymore.
4. Do this on your own by writing a complaint on a plain paper.
I have come across many cases like this. I can understand your problem. It is unfortunate that you could not lead a happy married life. There are some incidents that happen in your life and those incidents are so strong that they change your DNA. At times, despite our best efforts, life takes a turn for the worst. We may have wanted different things from life, but life’s got its own plan as well. A bad marriage is something which nobody hopes for, but at times, that’s exactly what we are given and forced to face head on. Marriages are hard. Divorces…even harder. Nobody enters marriage thinking about a divorce in the end. If some are unable to cope with the harsh realities of marriage, the only viable option in front of them is to approach the Court and seek legal separation. These cases are on rise nowadays. As you know marriage doesn't guarantee that you will be together forever, it's only paper. It takes trust, respect, friendship, faith and understanding to make it last. Moreover, a relationship without trust is like a car without gas, you can stay in it as long as you want but it won't go anywhere.
I do not know whether your marriage in December 2016 was legal or not. Prohibition of Child Marriage Act states that a girl in India can't marry before the age of 18. If your age was not 18 years at the time of marriage then you’re marriage is illegal and void in law. To nullify or dissolve your marriage you can simply file for annulment petition if you were not 18 years old at the time of marriage. Marriage in Hindu Law is treated as a sacrament but it happens sometimes that a marriage is annulled due to some reasonable causes. Annulment of marriage is a legal procedure which is meant to declare a marriage null or void. A marriage is declared null or void if certain legal requirements were not fulfilled at the time of marriage due to any reasons. The marriage is considered never existed in the eyes of law in the absence of the fulfillment of certain legal requirements for making a marriage certified. This procedure is called annulment of marriage. It is different from divorce. Whereas divorce dissolves a marriage that was existed, annulment disqualifies a marriage that was never existed at all.
Mental harassment from your husband can break you and damage you forever so legal options are always available for you.
As you don't have any proof/evidence of husband and in-laws harassment so don’t need to worry. Police will investigate into the matter and find everything.
You can claim maintenance for yourself and your daughter. Now according to Supreme Court of India recent judgments you can claim atleast 25% of your husband’s salary or business as maintenance/alimony.
I have observed that women are usually afraid to report cases of domestic abuse in fear that her husband will be arrested, that a long legal proceeding will result bringing public shame and scrutiny. For this reason ‘Special Cells’ have been created, it provides counseling to husbands and wives where they teach communication methods, and the counselors slowly work to remove aggression. The first attempt is always to save the marriage, as the solution to domestic violence is not always separation. Yet this decision is in the hands of the wife, if she believes she does not want to stay with her husband then she is not obliged to go through counseling.
You can report the matter to the local police station after 2 months. Please understand that now the law is on women’s side, with the Protection of Women against Domestic Violence Act (2005), the Indian Law has come to realize that there are multifaceted problems faced by women in domestic affairs. This Act protects women, helps women, and also provides safety to women economically, physically and mentally. When a woman files an FIR against her abuser, she gets immediate help from the police and there is no delay in nabbing the criminal. Now, a woman does not have to go through a battery of cross questioning where her integrity is put to question, she is legally in the position of power and her needs are met first.
After filing a case police will investigate the matter and collect the evidences/proofs.
If you want avoid arrest of your husband and in-laws then you can simply the tell police officials while fling a FIR in the nearest police station. But please understand that your husband and in laws will not change and they need a strong punishment for their misdeeds.
If you are financially not well right now then you can claim free legal aid. Not everyone has the financial capability to afford expenses incurred in legal procedures. It is not justified if justice is compromised due to the differences of ‘rich and poor’. The concept of seeking justice cannot be equated with the value of dollars. Money plays no role in seeking justice. Free legal advice, therefore, is a stepping stone for those who need justice but cannot afford to bear the costs involved. You can visit the district legal services authority in the nearby court of your area and talk to the lawyer. According to Section 12 of Legal Services Authorities Act, a woman is entitled to claim free legal aid. You can write an appropriate application in this regard.
If you need any help you can contact my assistant to book a consultation. I will help you.
SHRI GOPAL VERMA
ADVOCATE ON RECORD
SUPREME COURT OF INDIA
1. You can file the case after 2 months.
2. From the statement of facts furnished by you, a criminal case is not made out. A DV Act case is made out though as I said in my previous reply, but it is filed in the court not before police.
3. Of course, you should engage a local lawyer.
1) Better you file case as of now rest of the things will be care taken by lawyer.
2) Police can arrest him or ask him to present I n women cell all question n answer.
3) you should mentioned 498a and DV case against your husband and in laws.
4) A plain written complaint would suffice.