• Physical and mental harassment by husband

I got married last year december.I got married through a marriage portal. When initially conversation started for marriage, we have been told that boy is Graduate and earning 5-7.5LPA, he is vegetarian, non drinker and non smoker. We have been told that he is working as a Area sales Manager. At the time of engagement they asked money for some milani ritual from my father. They asked for 1.20Lac for the same and my father game the same to them.After my marriage circumstances got totally changed, none of the person in the family including my husband talk to me politely. He started coming home late and drunk. He started abusing me and started physical torture. He has beaten me twice and abused me very much. He even tortured me sexually as he has some medical issues which he did not tell me, i asked him why are you taking so many medicines, he abused and said this is not you concern. Later i got to know that he is just 10th pass, working as only executive and his salary is only 20 thousand month, he is non veg, drinker and he smoked too. He is still active on matrimonial profile even after marriage and he has still written all the false information about him on that profile. I am graduate. He has so many cuts on his hands and when i asked him what is this, he said i can not control my anger. Few days ago he insisted me to with him somewhere outside delhi on bike as i was not well so i denied than he abused me and he asked his father to pressurise me to go with him. as i heard few days ago they were all talking about my life insurance and all of a sudden they all started forcing me to go with my husband on bike as i was not well so i told him we will go some other day but they all forced me so much and later in night when i totally refused to go with him, he slapped me and tortured me, i somehow managed to call my parents and asked them to please come and take me home else he will kill me. as his anger is out of control. My parents reached at 2am morning and manged to take me out of that house and that time father in law said le jaao ise lejana hai to, he was very rude.
Now, i am afraid of my life so i don't want to go back. I feel we have been cheated and everything was fake. My parents have spend so much amount on marriage.
What should i do in this condition?
Asked 5 years ago in Family Law
Religion: Hindu

3 answers received in 10 minutes.

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33 Answers

You can file a complaint under the provisions of protection of women from domestic violence act 2005 against the boy and his family members for physically harassing you.

 

You can also file for divorce on grounds of cruelty by husband under section 13 of the Hindu Marriage act which is a valid ground for divorce.

 

Also, a complaint can be made to the police under section 498 a along with other supplementary sections of the Indian penal code if you have been subjected to dowry harrassment.

 

For any legal assistance in this matter, feel free to contact.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Hello,

immediately file a complaint against him for harassment and mental torture. The divorce can be filed after 1 year of the marriage on the ground of cruelity.

as of now you are immediately advised to lodge a FIR against him and his family for cheating, fraud and harassment.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Dear client, 

Without delay file criminal of dowry demand and physical violence. Whatever expanses and gifts incurred by your family shall be recover by police  and court. You can also file application for alimony. And gather screenshots of his profile so that his act of cheating and misleading strengthen your case. 

Yogendra Singh Rajawat
Advocate, Jaipur
22633 Answers
31 Consultations

4.4 on 5.0

1) file for divorce on grounds of mental cruelty 

 

2) husband abusing wife amounts to mental cruelty 

 

3) husband assaulting wife amounts to mental cruelty 

 

4)in alternative file for anullment of marriage on grounds of fraud as husband has suppressed material facts about his educational qualifications, income 

 

5) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
94711 Answers
7530 Consultations

5.0 on 5.0

See firstly file a complaint with the mahila.police station for abuse mental and physical torture under  498a , 323, cheating ipc and domestic violence act along with under dowry protection act. Under DV act claim protection and maintenance.

Then you can file a divorce case on ground of cruelty and can get out of this.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Madam,

You can launch a police complaint and also approach women cell.If still not sorted out file a suit under domestic violence act.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

File a domestic violence case, dowry u/s 3 & 4 of DP Act, 498A, 406, 420, 120B, dont file divorce now. It will work wonders.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Dear Concerned, 

 

Without delay - you must file a complaint at the nearest police station for cruelty , physical abuse and attempt to murder. As you father has rescued you at early morning hours , you should have filed a complaint then and their itself. However it is advised to do it now..... 

 

Best of luck....

Atulay Nehra
Advocate, Noida
1308 Answers
58 Consultations

5.0 on 5.0

1.you can file divorce on the grounds of mental creulty.
2.you can file complaint Under Domestic violence and 498a.
3.you can file 125 crpc and claim interim maintenance. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1) You can make complaints against whole family under 498a and Domestic Violence Act.

2) Narrate all your above history in the police station.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Hi, well in this situation it's better to take divorce from your husband. You can file a complaint against him under section 498a  complaint u/s domestic violence, maintainance suit then divorce case. You can Contact for further discussion. 

Akash Gupta
Advocate, Gurgaon
66 Answers
2 Consultations

4.8 on 5.0

You can :

1. lodge a criminal complaint against him, his father, his mother and all those people who tortured you during your stay in his house for the cruelties and dowry harassment under section 498a and 3 and 4 of DP act

2. Domestic violence case seeking protection, return of your articles, maintenance  and compensation for the harassment

3. If your marriage is over one year then you can file a contested divorce on the above grounds besides other issues you may rely upon.

T Kalaiselvan
Advocate, Vellore
84912 Answers
2194 Consultations

5.0 on 5.0

You should immediately lodge an fir against the husband and his family under section 498A criminal intimidation criminal breach of trust cruelty and demanding dowry. Also a domestic violence case against him and his family should also be filed. 

An application for maintenance should also be filed so that you may start getting monthly payment for your maintenance.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

you file for divorce and alimony. You can file for annulment also if they have defrauded you. also you can claim compensation for mental agony and torture. You can also file domestic violence case and maintenance in the same. You can also claim maintenance in 125 crpc application. You can alos file FIR if they have done dowry harassment to you u/s 498A IPC and dowry prohibition Act.

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

Dear Madam,

You may file a dv case on your husband and in laws .you can ask him to provide a separate accommodation for you, monetary relief, custody order ( in case if you have got a child), protection order ( to stop your in laws from coming to your house).you have to contact the caw cell or the protection officer of your district to proceed further. you can also file him under sec 498a,406 etc which is a criminal offence .but that would definitely signal the end of your matrimonial relationship .so if you are ready for that you can proceed.

The following proforma of DV case is given:

PRAYER

                HENCE THE APPLICANT HUMBLY PRAYS

  1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
  2. 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/-.
  3. Pass orders u/s 18, in totality against Respondent1 to 3,
  4. 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.
  5. 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 Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
  6. 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 Respondent1 falsely filed Divorce Petition.
  7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
  8. 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

on next date mention that no reconciliation is possible as husband is fraudster who has cheated you , abused you and harassed you for dowry 

 

insist that FIR be lodged against husband and in laws for dowry harassment , cheating 

Ajay Sethi
Advocate, Mumbai
94711 Answers
7530 Consultations

5.0 on 5.0

In the women cell you ask for the assistance of a lady constable and along with her you can take out your necessary daily use belongings along with list of inventory exchanged ,signed by both and copy retained by both parties.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

You can lodge a complaint under section406 IPC with police for recovery of your items including jewellery held by them.

If the situation do not improve you may plan for filing divorce case on the grounds of cruelty.

T Kalaiselvan
Advocate, Vellore
84912 Answers
2194 Consultations

5.0 on 5.0

You can file complaint in police station for recovery of your belongs items  

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

See for cloths in same compliant along stridhan gold and items given in marriage 406 IPC FIR can be given with mahila police station they will help to recover same if they fail court will order search and.seizer.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Better file criminal complain with police u/s 406, 420 IPC.

Yogendra Singh Rajawat
Advocate, Jaipur
22633 Answers
31 Consultations

4.4 on 5.0

Just pursue with the Complaints filed as aforesaid

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

You should visit the caw cell on the given date and tell your grievances. You should lodge a complaint against them and request the police to accompany you so that you can take your belongings with you.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Go to the CAW cell and participate in the process. 

Be assured that things will be good. 

You may take counselling sessions, if required. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Dear Madam,

Nothing to worry, the CAW will try to resolve your issue as follows:

Crime Against Women Cell (CAW Cell) tries to make good sense prevail on all concerned and try and get the dispute and difference of all sorts patched up amongst the woman and her in-laws. A written amicably arrived at Settlement is also written and signed by the woman and her in-laws. Things end on a good note in this event of scenario. 

 

Crime Against Women Cell (CAW Cell) sends a failure report to its concerned superiors, if the things are not amicably resolved amongst the woman and her in-laws. Besides, the CAW Cell forwards the Complaint of the woman to the concerned Police Station for registration of a regular FIR. With this recommendation for registration of the FIR in the matter, the role of the CAW Cell comes to an end. 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Annulment order can pass by court only, through police complain, you will get recovery of items and money paid. Here just pursue recovery and police complain. Police will accompany you , don`t worry.

Yogendra Singh Rajawat
Advocate, Jaipur
22633 Answers
31 Consultations

4.4 on 5.0

Dear Madam,

PLease launch a fir too that also under dowry and threatening for physical hurt grevious and endanger of life and personal liberty

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

you have to file petition in family court for annulment of marriage on grounds of fraud 

 

2) you can with help of police retireve your personal belongings , your jewelry from your matrimonial home 

 

3) in petition seek  maintenance from your husband 

Ajay Sethi
Advocate, Mumbai
94711 Answers
7530 Consultations

5.0 on 5.0

Yes FIR can be lodged against fraud cheating and 406 ipc for recovery of goods and cruelty  further a separate anullment has to be filed for anullment of marriage. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can ask the CAW cell to pass on the complaint to regular police with recommendations to register FIR. 

You can file a DV case for recovery of the amount spent on marriage.

You can file a divorce case on the grounds of cruelty, but cannot file an annulment petition.

You can request the police to protect you from possible attacks by them while you enter into their house to retrieve your articles lying in their home.

 

T Kalaiselvan
Advocate, Vellore
84912 Answers
2194 Consultations

5.0 on 5.0

1)If ur marriage was legal in that case u cant cancelled (annulment) ur marriage on any ground.. 

2)You can file divorce on the grounds of cruelty. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Annulment petition has to be filed before family court then it will be decided like divorce petition.

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

1. If the mediation fails before the CAW then CAW will help you in lodging the FIR.

2. You may go to the police and ask them to accompany you so that you get your belongings back. 

3. If you feel threatened and they have threatened you then in that case you may ask the police to provide you security. 

Regards  

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

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