Need to take action against my husband
Last year i came to know about my husband's illegal relationship in the place where he was transferred to. (He is working for State government in a managerial position in Tamil Nadu).
When I went with my daughter to that lady’s house where they are living together, They abused us and chased us away.
After that he made that lady file a case against me stating I have given a false complaint regarding their illegal relationship, asking for Rs. 2 lakhs. I have travelled back and forth to his city multiple times for the case hearing.
To prove their relationship, Last month I went to her house and took a video of them living together. He saw me taking the video and attacked me which led to a concussion in my head.
I immediately gave a complaint to the local police and booked FIR against him.
But so far no actions have been taken against him and now he is trying to sell the house I am living (its in his name) and also sending many emails to my higher officials and MD in my office giving false claims against me.
I want to take a severe action against him. Please advise me on what is the best procedure to follow. I have the FIR copy and the video of them living in the same house.
I have sent FIR copy to his office and CM cell through speed post. Yet no action from any side.
Additional Info: He filed a divorce case against me but it got suspended because he did not turn up to the court multiple times.
Also I would like to attach the house I am currently living in on my name as the house is built by both our earnings however he had registered the house on his name.
I am helpless please guide me.
Thanks in advance
Asked in Criminal Law from Chennai, Tamil Nadu
file a Domestic violence case againts him and a complaint against him under 498A IPC in women cell of your area.for the fir in which no action has been taken,file a complaint under 200crpc.under DV act you can also pray for not to sell the house
Advocate, New Delhi
Please approach the SSP,Chennai in writing if your FIR has not been registered as yet by the local police station. once the SSP also fails to take necessary steps, you may file a written complaint before the Magistrate u/s156 (3) Cr.PC for registration of FIR.
Please secure your residential rights in the house property by proceeding under the Domestic Violence Act, 2005. you may seek financial maintenance under the same act and also certain injunctions against your husband.
Since he is a govt. officer as you stated, his adulterous relationship can cost him his job. so you can pursue that matter too. but send letters through regd. post in all cases. that ways you create proper evidence.
in case you propose to judicially separate/divorce him initiate a divorce case against him and seek maintenance and alimony therein as well. but first find out the status of the divorce case filed by him. whether it is dismissed in default fr non appearance or is it still existing? you should reveal the info in your divorce petition.
Lodging a FIR by 156(3) Crpc,if report to SSP, faliled to manage positive response from him,complaint in Women cell under DV Act, and filing Divorce against him can reddress your grivences.
Sending a complaint to CM of your state is an exercise in futility as CM can order no action against him. You have multiple remedies under law which you may pursue.
1. You may file a case for divorce against him on the ground of his infidelity. As stated by you, you went to his house to take a video of him and his paramour, and were attacked by him. Engage a detective agency to collect the necessary proof and thereafter move to court.
2. In addition to above, you may also file a criminal case for adultery against him in court whereupon he will be jailed on being held guilty by court.
3. If the house has been purchased jointly by both of you then you may move to court and seek a stay order against its contemplated sale by your husband.
4. You may also seek an order granting the right to residence and protection in your house.
5. Additionally, you may sue him for maintenance as providing financial support to wife is the legal obligation of every husband.
6. Since he is a government servant he can be dismissed from service if there is an overwhelming evidence of his adulterous relationship.
Thank you all for the answers. I asked a lawyer how much it will cost to file the case and he said rs. 1 lakh 30 thousand. Its too high and i cannot afford it. Is this the cost everywhere or there is a lesser affordable way to file the case?
Asked 3 years ago
the fee is negotiable. you may consult other lawyers as well. you may also approach the legal aid cell in the district court to find affordable lawyer.
fees varies from advocate to advocate
Advocate, New Delhi
The legal fee of all lawyers is not uniform. Also, all lawyers do not enter into negotiation of their fee. If the fee quoted by the lawyer is unaffordable for you then you may engage another lawyer whose fee is within your reach.
If need be, you may contact me and I may suggest you some Chennai based advocate.
fees demanded is quite high you may find lawyer at affordable rates
Advocate, Greater Noida