• Harrasment

Hello Sir/Madam, I am married since Jan 2015. I am a private employee. My mom in law and husband harass me every day for every single thing in the house, thereby making my life miserable. Actually my mom in law has major influence on my husband n he agrees to whatever wrong she says. Whenever he returns from office she creates one or the other scene and lies to him for petty issues. She tells lies to him and ignites fight/ arguments between both of us and clearly tells my husband, right infront of me to divorce and remarry. I m really very helpless. When my parents came to talk about this issue,my husband took my mom in law to some other place without our knowledge as he is very much protective for his mom.He was not sharing room with me from last 6 months and his mom doesn't want him to come inside also .He used to sleep with his mom.I was living in that house but whenever i ask him for food or try to talk to him to make things better ,he started screaming on me and coming towards me to beat me.As his mother was guiding him on phone.He used to be out for full day and used to come at 10 or 11 pm night.Then one day again fight happened and he asked me to leave the house and he dragged me with my leg to outside. He is ready to go for mutual divorce but not deciding on money.I have gone through this mental trauma for last 8 months and my mother in law ran away from here once my parents come. During these 8 months i was working to save my marriage and used to listen whatever they say but i became totally depressed,my mom in law is living happily wherever she is making our life miserable. Pls suggest how can i make her to come back here ,as my parents are calling her and she is not picking the call,she wants to be out of this matter after igniting it. Plz suggest legal implications in this matter and oblige. I will b very grateful to you. Thanks in advance....awaiting your legal advise....
Asked 4 years ago in Family Law
Religion: Hindu

3 answers received in 30 minutes.

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13 Answers

Mam reach out nearest women cell file a case of harassment domestic violence mental and physical cruelty, dowry,498a beating against husband and mother in law. Register FIR with the prima facie proof you have further ask residence and maintenance under Domestic violence act from court let the issue hang for some time husband will agree for mutual divorce also and settlement amount also.

Cite incident of dragging and beating you throwing you out from house from FIR.

See either they will mend there ways or there shall be a peaceful divorce and settlement if they agree for settlement you can help them to quash the FIR.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Lodge a domestic violence complaint against your husband and mother in-law. You do not have to take this harassment anymore.

Contact a local lawyer to file the above complaint.

Also, move a written complain in the present matter to the CAW(crime against women) cell of Bengaluru Police.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Madam,

You know that your mother in law is afraid of legal proceedings. To save your marriage you may get issue a legal notice or file DV case with following reliefs. If your mother in law comes for compromise then put your own condition either go for mutual divorce or continue the martial life.

PRAYER

HENCE THE APPLICANT HUMBLY PRAYS

A) to take cognizance for the offence punishable u/s 498A IPC and punish Respondent No.1 to 3 as per law and extend police protection to the deponent,

B) Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.

C) Pass orders u/s 18, in totality against Respondent No.1 to 3,

D) Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.

E) Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent No.1 as he is residing in the house of respondent No. 3, which is legally prohibited,

F) Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent No.1 falsely filed Divorce Petition.

G) The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,

H) That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

We suggest you file a police complaint under Section 498a of IPC in nearest police station marking the copy to Women Cell, and file a case of domestic violence act seeking compensation for harassment.

Assuming you are Hindus,

Further, in case you intend to file divorce , then you can do the same by filing divorce petition under Section 13(1) of Hindu Marriage Act on the ground of cruelty.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

1) file DV case against husband and mother in law

2) seek protection order

3) seek right to stay in matrimonial home

4) seek maintenance from husband

5) dont agree for divorce unless husband agrees to pay you alimony

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Firslty, as per the information mentioned in the present query, makes it clear that though you have been trying hard to save the marriage, but situations totally opposite.

Secondly, see, if you go for mutual divorce then he should also get agreed to it.

Thirdly, I advice you to ( only if you wishes) to go for divorce on the ground of cruelity to you.

Try to grab some messages of his cruelity on you through messages at any how to make your case more strong.

You may be given chance for to go fro the mediation also during the pendency of the petition where he and his mother may understand.

Rest, Mam all depends upon what you want exactly from this marriage.

Good Luck and God Bless You...!

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Hello

File a case for cruelty and domestic violence against your husband. Also...make your mother in law a party as she is the instigator and your husband is harassing you on her advice. Also file a case fir maintenance against your husband and don't leave the house.

Regards

Rahul Mishra
Advocate, Lucknow
13754 Answers
65 Consultations

5.0 on 5.0

1. Putting entire blame on your mother in law for the unacceptable state of affairs may not be all that correct since your husband is not a kid to act as per your mother in law's advice even understanding that the advice is wrong.

2. The fact is that you are not gelling with your husband well and it has reached the ignisation point now.

3. Try your best to convince your husband that marriage is the 2nd most stressful even in one's life and both of you will never know whether your next partner will be any better or not.

4. If both of you can not stay together any further peacefully, then you can jointly file a mutual consent divorce petition on agreed terms which will be decided within 6 & 1/2 months of its filing.

5. No Court can drag your mother in law in the fight between you and your husband which you shall have to resolve by yourselves.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Hello,

You may file a case of harassment under section 498A of the IPC and also you can file case for domestic violance under the domestic violence act.

Also, maam these act of husband and the mother in law amounts to mental cruelty and on this ground the divorce can be sought by you.

Also if you are living separately then you can ask for maintenance from your husband.

I advise you to get in touch with some local lawyer who may help you and guide you reaching the court.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Madam,

Sometimes one has to teach lesson to his/her own kith and kin. Please file DV case against them with following reliefs their true color will come out and they will either adjust with you or seek mutual divorce by paying huge alimony. Use all weapons like 498A and monthly maintenance etc. You will succeed. See the following women empowerment enactments

========================================================================

Marriage and Family matters:

• The Prohibition of Child Marriage Act, 2006 defines a ‘child’ as a boy under the age of 21 and a girl under the age of 18. This means that the marriage of a girl below the age of 18 is considered to be child marriage and is prohibited by the law. There are certain contradictions to this rule in personal laws. However, it is important for you, as parents, to understand the importance of encouraging your daughters to continue their education and empowering them in other ways rather than marrying them off at a young age.

• The Medical Termination of Pregnancy Act, 1971 lays down the law regarding abortion in India. Right now, it is not easy to get an abortion even in cases of rape as this Act sets a number of conditions. However, this Act is soon to be amended.

Domestic violence is prohibited by law and is considered to be a criminal offence according to S. 498-A of the Indian Penal Code. Certain provisions in the Indian Evidence Act and the Criminal Procedure Codealso deal with this issue. Finally, a legislation devoted to this issue was enacted in 2005 – The Protection of Women from Domestic Violence Act.

• Another common problem faced by married women is harassment from their in-laws for dowry. To battle this social evil, the Dowry Prohibition Act, 1961 was enacted, criminalising this practice. However, it still continues. It is important that parents do not give in to societal pressures and ensure that they do not provide dowry in any form.

• While Indian law does not criminalise pre-marital sex as long as it is between consenting adults, there are no laws regulating live-in relationships. However, courts have developed laws on this subject through decisions in cases to such an extent that the law against domestic violence applies to couples who are in live-in relationships and children born out of such relationships are treated as legitimate in certain circumstances.

Sexual Abuse and Exploitation:

• Various forms of sexual harassment such as singing lewd songs, eve-teasing, making sexual advances in spite of refusal, watching, capturing or sharing images and other media of a woman engaging in a private act without prior consent have all been criminalised by the Indian Penal Code. There is an entire legislation dedicated to sexual harassment in the workplace – Sexual Harassment of Women at Workplace Act, 2013.

• As parents, it is important that you are aware of your daughters’ activities on the Internet. Today, many crimes against women are committed by sexual predators through online portals. Online harassment of women is prohibited under S. 67 of the Information Technology Act.

• Any indecent representation of women is banned by the Indecent Representation of Women (Prohibition) Act, 1986. This law, as it is considered to be too narrow for this day and age, has undergone certain changes and an Amendment Bill was drafted in 2012 which broadened its scope.

• Ss. 375 and 376(2) of The Indian Penal Code criminalise rape. These sections spell out 7 years’ and 10 years’ imprisonment, respectively, as the punishment for rape. The key feature of these sections is the requirement for consent by the woman in question for the act not to be considered as rape. Thus, as a parent it is important that you explain the concept of consent to your daughters at an early age. Intercourse with a woman of unsound mind or a girl below 16 years of age is considered to be rape irrespective of consent being given. Unfortunately, marital rape has not yet been criminalised.

Property Laws:

• While traditionally, the rights of women with regard to succession and inheritance of property in India were next to non-existent, as of now, according to the amendments to the Hindu Succession Act in 2005, daughters have been given the same rights as sons with regard to inheritance and succession.

• The Indian Succession Act does not differentiate between the heirs of the deceased.

• Muslim women enjoy rights of inheritance though limited to some extent by custom and practice.

Women in the Workplace:

• Women in India have the right to earn as much as men and gender discrimination is also prohibited at the time of recruitment. Ss. 4 and 5 of the Equal Remunerations Act, 1976 lay down the law regarding this.

• The Maternity Benefit (Amendment) Act, 2017 has brought about certain groundbreaking laws which concern working women including the increase of paid maternity leave from 12 weeks to 26 weeks (S.5(3)) and ‘work from home’ options for new mothers (S.5(5)).

Organisations that help:

There are a number of organisations that work for the upliftment and protection of women such as the National Commission for Women, One Stop Crisis Centres (or) Nirbhaya Centres, National Association of Rural Women India, etc. There are also a number of NGOs working for women’s rights. Please keep your daughter informed of these organisations so that she knows who to approach in case of a crisis.

While keeping your daughter informed of her rights is a basic obligation of every parent, it is also important that you take a more active part in ensuring that your daughter has a better and happier future. By taking steps such as not providing dowry and by shifting the focus from marriage to education, you can do your part in breaking a cycle of abuse that has been going on for centuries. However, to ensure a complete change in society’s views on women, it is essential that you teach not only your daughters but also your sons to recognise the problems faced by women today and how to treat women with the respect that is their due.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1) Now first confirm whether you have to go for Mutual Consent Divorce or not ?

2) If you want that you MIL should come at home ask to you husband to talk with her or your husband must be talking with her.

3) If you go for MCD than you can set of one time lumpsum amount as his income. You can ask for 10-15 lacs rupees.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

If he is not coming for any compromise nor changing himself to behave properly and to take care of you then it would be waste exercise to expect any sympathy or mercy from him.

You may lodge a criminal complaint agaisnt him and his mother for the cruel acts unleashed against you under section 498a IPC

You may file a DV case also against them seeking protection, residence, maintenance and compensation too.

You can file a petition under section 125 cr.p.c. seeking maintenance from him

You can file a contested divorce on the grounds of cruelty.

You consult a local advocate and take advise on further proceedings.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

I am not sure if having your mother-in-law residing with you will be the end of your problems. You need to be clear about whether you want to save your marriage or put an end to it. If you want to save your marriage, undergo marriage counselling or have the elders, apart from the parents, or relatives intervene in the matter or file for Restitution. If not, collect proof of your husband's cruelty, by recording his outbursts, saving your chats where he has insulted you, and then file for Divorce on the grounds of cruelty. If the both of you are able to reach a consensus on the amount, you can even go for MCD.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

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