• Cry for help!

Remarriage to the first husband in july 2017. He came literally begging for remarriage and i relented for the sake of our child. Husband wasnt employed at the time yet i considered. He started wrking after a month of our marriage. He worked for a year and was then asked to resign for sme discrepancies in his conduct. And thereafter constant demands for money by selling my parental property(my parents r no more). By husband and father in law(mother in law commited suicide 25yrs bck). Cnstant verbal abuse and threats of turning me out of teh house(had to goto tHe cops for this filed nc ).his aunt keeps on telling him"get rid of her. We will get a match for u who will take care of ur financial needs etc". And he keeps on throwing this in my face day in day out. He made me leave my job after the remarriage. Am under a lot of stress. Dont knw what to do? Police says if he has not hit or beaten u we cant register fir etc. U hv to goto the court etc. Who or which ngo can help me in this situation? Despearte cry for help. Will nt b able to take this torture for long.
Thanking you.
Asked 3 years ago in Family Law
Religion: Hindu

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19 Answers

1) File DV case against husband seek protection order 

 

2) also seek injunction restraining husband from distirbing your possession of house 

 

3) also seek compensation for mental torture undergone by you 

 

4) you can also file for divorce on grounds of mental cruelty 

 

5) seek sole custody of your child and maintenance for your self and child 

 

 

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

First of all the police is bound to take your complaint on the grounds of mental cruelty. If they don't, you are entitled to file a criminal complaint before the magistrate having jurisdiction & also proceed against the police for refusing you assistance. 

Secondly file for divorce in family Court. 

You need further legal assistance. Kindly seek appointment with me by calling me

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1426 Answers
5 Consultations

4.4 on 5.0

Mam file a private complaint directly with the magistrate under domestic violence act against husband and FIL  seek protection order along right of residence if you want to stay there. Further the maintenance and compensation under DV act.

 

Also apply for divorce on the ground of cruelty.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
171 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have neen tortured and harassed for no reason even after giving him another chance.
  2. It is not right that you can’t file a case agaisnt him, you please go and file a DV case agaisnt him including the 498A as they demand money from you irrespective of the fact as to whether they are asking for hard cash or by selling any property of yours.
  3. If police doesn’t take any action then file a complaint to the Magistrate under section 156 (3) read with 200 of Cr. P. C.
  4. And along with that file a divorce proceeding also asking for alimony for yourself as well as for your child apart form the monthly maintenance for you both.
  5. Approch any local NGO there who been working for women issues. You can get the list of the same over google very easily.

 

Good Luck and God Bless You...!

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Dear Querist

immediately file a criminal case against them under section 12 the Protection of Domestic Violence Act-2005 and also claim protection, right to residence, child custody, monetary relief and compensation under section 18,19,20,21 & 22 of the Act-2005.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
299 Consultations

4.9 on 5.0

You can approach the mediation centre In court of your local jurisdiction.

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
32 Consultations

4.5 on 5.0

Dear Client,

This was a poor decision to remarry same lunatic. Better approach women cell. File applcaiton under protection of women from domestic violence act.

And first find some job and become independent.

 

We will get a match for u who will take care of ur financial needs etc" --- By this statement, yourself can understand, he is waste with no manhood.
Better divorce him finally for ever with permanent alimony and compensation.
Mental cruelty and harassment with a view to coercer you to meet unlawful demand like sell the property covers u/s 498a IPC, Criminal offense .
Either complain to women cell or court complain.

 

Yogendra Singh Rajawat
Advocate, Jaipur
21482 Answers
31 Consultations

4.4 on 5.0

- Immediately visit the Maharashtra State Commission for Women and narrate your grievance to them. They will either take action on their own or force the police to take appropriate action. 

The address is as follows: Gruhnirman Bhavan, Mezzanine Floor, Gandhi Nagar, Bandra East, Mumbai, Maharashtra 400051. Contact no. [deleted].

 

- Also, please write off an email or letter to the National Commission for Women, Delhi clearly stating your grievance. You may also register a complaint online on its website. This will further put pressure on the authorities to act..

The address is as follows: Plot-21, Jasola Institutional Area, New Delhi - 110025. Contact no. [deleted], 26944740. 

 

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

Dont lose hope.  You have to stay strong for your child.  First and foremost, no matter what they do, do not sell your parental property.  That is your only security and once you sell it, they will take the money and then kick you out of the house. Secondly, find up a job and start working once again.  Once you have financial independence, you will not feel so helpless and dejected.  The Police may refuse to lodge an FIR but you can lodge NCs.  Alternatively, you can also approach the Court under the Protection of Women from Domestic Violence Act, 2005 for reliefs. 

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

1. You have committed a blunder by resiging from your job.

 

2. the only option left before you is to get a new job and shift to your parental house leaving him.

 

3. Meantime collect evidence of his mental cruelty in the form of abuses hurled on you by audio/video recording such conversations.

 

4. Therafter file a divorce suit and leave him for good in your own interest.

Krishna Kishore Ganguly
Advocate, Kolkata
26470 Answers
726 Consultations

5.0 on 5.0

Yes of course if there is no physical assault then police cannot help you but you can go to the court and file a divorce petition on the ground of cruelty and non compatibility.

You came back in the deadlock again for the sake of children now you have to try to live separately pant try to get divorce as soon as possible of course it is going to take some time but in the meantime try to settle yourself because code will take its own time for taking the decision.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Mam approach the embassy they would be helpful and will help you to get expenses for your kid. As child support is one of priority of US government and they help in enforcing the child support order internationally.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
171 Consultations

5.0 on 5.0

you would get justice 

you would be awarded custody of your child 

 

thanks for your appreciation

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

The past cannot be changed. The future is yet in your power.

There are a number of excellent/credible NGOs in Bombay doing some terrific work in different fields -- education for the under-privileged, care for the elderly/disabled/environment, women's issues etc

 

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
32 Consultations

4.5 on 5.0

Alimony or monetary compensation are part of justice, until the accused person will not suffer, no hope of improvement. And those monetary receivable shall be used for your child growth and education - Who ask you to use it,

It is father responsibility to contribute for child growth, you cant leave him without a lesson, otherwise he will victimize some other after you.

Yogendra Singh Rajawat
Advocate, Jaipur
21482 Answers
31 Consultations

4.4 on 5.0

1. You shall have to approach the Court seeking justice.

 

2. Moreover, maintenance is your right as our Apex Court has opined that the husband shall have to maintain his family even by borrowing or begging.

Krishna Kishore Ganguly
Advocate, Kolkata
26470 Answers
726 Consultations

5.0 on 5.0

The demand for money by him and his father and also the relative, are all the reasons for filing a complaint under section 498a IPC  and 3 and 4 of DP act.

If the local police is not entertaining the complaint then you may approach the top police officer within the jurisdiction for intervention and direction the local police to register the FIR for the alleged offences.

If that is also not effective then you may approach judicial magistrate court with a petition under section 156(3) cr.p.c. seeking its direction to the concerned police for initiating proper legal action on your complaint pending before them.

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

If you need justice and relief from your husband you may take refuge either in your parental home or can take a separate accommodation in the local and leave the matrimonial home, take care of your child.

If necessary you may even file a divorce case against him for the said reasons of cruelty.

You can consult a lawyer on the local and initiate proper legal actions on this.

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

Have your troubles resolved? Kindly supply your email or contact no. for any legal assistance. 

You can use the phone consultancy services of kaanoon.com  too

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1426 Answers
5 Consultations

4.4 on 5.0

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