It seems that your in laws and husband are not worthy of being called human beings. In this situation you should immediately file a complaint against your in laws and husband under the domestic violence act and various sections of the ipc.
Regards
I want justice please
I am a Chartered accountant. CA Arushi Govil. I got married last year on 24.02.2018, its not been even a year. I had an arranged marriage with a businessman Prakhar rastogi. Since day 1 of marriage my in laws just showed their real face. My father in law, my mother in law, my sister in law and my husband n me used to stay in one flat. All of them used to torture me like hell. They used to say always "kya layi hai apne mayke se". I am.working , so they used to link me with my ofc mates and also linked me with my dad. I stay with my mother in lucknow and my father works in delhi but comes every Saturday and Sunday. They kept all my jewellery, cash etc with them. They made me do all the households despite me being working. My father in law used to bring night gowns for me and used to ask me ki "ise pahan k dikhao". They used to say all abusive things for my mother and father like "teri maa akele rehti hai taki wo mardon ko bula sake" and they used to say that my father has 2 wives one in lko n 1 in delhi. They also abused me with words like "suariya ki bachi". When i used to cry , my husband along with all used to say "chup bilkul, sone nhi de rahi". My husband used to check my phn by cleverness and used to send screenshots of my chats to others. They used to say that they will kill me if i say a single thing to others about what i m going through in that house. I can't explain in words what i went through at such small age and within less than one year of marriage.
Asked 5 years ago in Family Law
Religion: Hindu
23 Answers
File case of dowry harassment against husband and in laws under section 406, 498A of IPC read with section 2,3 of dowry prohibition act
mention that your jewellery has been retained by husand and in laws and you are subject ti constant demamds of dowry
File a 498a, 406, 420, 34 IPC & 3&4 of DP Act, as well as Domestic Violence, it will work wonders, tap the investigation officer too
Hello,
I understand the plight that you went through. You may go and lodge a police complaint against them for dowry, outraging the modest of women, instigation etc.
Regards
1. The acts mentioned by you amount to acute mental cruelty and also demonstrate cheap mentality. You are free to file a petition for dissolution of marriage on the ground of cruelty after 24.2.2019. Record the acts of your husband to collect evidence so that you can stand on your feet in the court.
2. Apart from dissolution of marriage you may also file a complaint under Section 498A and Section 406 IPC to recover your stridhan.
3. Last but not least, a DV case under Section 12 of DV Act can also be filed by you to claim maintenance and monetary compensation.
You should file a case for domestic violence against your husband and in-laws. You have not made clear that what is your stand for divorce,whether you are also interested in divorce or not.
Dear Querist
if you are unable to live with them and willing to take legal action then immediately file a criminal complaint against them before the Police for Dowry harassment/Cruelty under section 498A/406 of IPC.
apart from the above, you may also file a criminal complaint against them before the criminal court under the Protection of Women from domestic Violence Act-2005 and claim protection, right to residence, and compensation under section 12, 18,19, & 22 of the Act-2005.
if you are unable to live with your husband then you may file a divorce petition based on the cruelty under section 13(1)(ia) of Hindu marriage Act-1955.
Feel Free to Call
1) First I you have to left the matrimonial house and make complaint against whole family under section 498a of IPC and DV act.
2) Narrate whole history in the police station day by day and their tortue , harassment and threatening to you.
3) Later on you can ask for lumpsum one time maintenance from them if they want divorce, Its totally depends upon on to give him divorce easily or not or keep pending divorce.
You need to open up about this, and report the matrimonial issues being faced by you before the correct forums.
You must immediately file a complaint under the Domestic Violence Act against your in-laws and husband.
Also, lodge a FIR against your husband and in-laws, for meeting out dowry related harassment/cruelty to you. Approach the Mahila Thana at Lucknow for reporting your case.
Dear Client,
Better leave them and file criminal complain of dowry, domestic violence and demand of sexual favor from in law. I don`t think , situation will get better, instead it will deteriorate. Your tolerance will boost their habit.
If the situation is intolerable then you may better walk out of the house and lodge criminal complaints against all of them for their humiliations including high handedness, criminal intimidations, cruelties and dowry harassment.
Also you can file domestic violence case against all of them for their tortures and also you can lodge a case under section 406 ipc seeking return of your gold jewels etc.
You consult a local lawyer and proceed as per the suggestions received.
- All the acts against you are amounts to cruelty, So, you must take legal actions against all persons , who are involved in the above said offence.
- Since, you are living separetely from your matrimonial home , so without any further delay and fear , you should give a complaint to the police or CWC against your husband and his family members for lodging an FIR under section 498A/406/506 IPC.
- Further, you should also file complaint before the court under section 12 of Domestice Voilence Act against the all persons .
- Further, if you are unable to live with your husband then you may file a divorce petition based on the cruelty under section 13(1)(ia) of Hindu marriage Act.
- Since, your father is working and living in Delhi , hence for an speedy trial , you can also file the above said cases in Delhi as well.
you can file complaint against them under domestic violence Act, 498-A IPC. You can also file for maintenance under 125 crpc and domestic violence Act. You can also file divorce proceedings against them
You need to get out of that marriage at the earliest as your husband and in-laws', from what you have mentioned, seem to have sinister motives. Such behaviour is not normal and certainly not acceptable.
From what you have mentioned, it seems as if you are no longer living with your in-laws. If that is so, before approaching the Courts, what proofs do you have to substantiate your claims? If you are still living with them, collect proofs in the forms of recordings of your in-laws' to support your statement. If nothing else, you can record emails or letter to your parents' putting on record the agony being undergone by you.
Given all that you have stated, you can initiate proceedings under the Protection of Women from Domestic Violence Act, 2005 against your husband and in-laws' as proceedings under 498a may be difficult to prove in terms of Dowry Demand.
The Dowry Act may say that burden of proof lis on the accused but the interpretation of Courts is different as can be seen through the following judgements:-
In Sarla Wadhmare Vs State of Maharashtra (1990) & Shanti Vs State of Haryana (1991) 1 SCC 377 it was noted, "The complainant has to conclusively establish (i) There has been beating and harassment, (ii) The beating and harassment in question is with the view to compel her to commit suicide or to satisfy the dowry demand."
In Ashok Chottelal Shukla Vs State of Maharashtra 1987 Crl.LJ (Guj & Maha) 164 it was noted, "In the absence of evidence regarding demand of dowry, harassment in itself cannot and would not consitute "cruelty" within the meaning of explaination of (b) of section 498A"
In Giridhar Shankar Tawade Vs State of Maharashtra (2002) 5 SCC 177: 2002 CriLJ 2814 it was noted by none other than Apex Court, "In order to justify a conviction under section 498A there must be available on record some material & cogent evidence."
1. It is not understood as to why you, being a professionally qualified person, have tolerated such humiliation and torture for such a long poeriod of one year.
2. It appears that you have not gelled well in your marriage and I don not find any chance of change of mentality of your husband and in laws in near future or any time.
3. Collect evidence of their such cruel torture on you by secretely audio/video recording their such conversations.
4. Thereafter leave your matrimonial house and lodge a police complaint before the police station of the place where you shall take shelter (probably your parental house) alleging dowry harassment u/s498A of IPC and also file a DV case against them seeking compensation.
5. All the accused now shall have to take anticipatory bail and contest the case. the case will be persued by the State for and on your behalf.
6. Finally you can file a divorce suit on the ground of cruelty and start your life afresh.
I am staying at my parents house since 20th December, 2018 because i was in my ofc and my husband started abusing me over phn n as i was terribly sick i walked out of my ofc during lunch time and he continued abusing me over phn.. i was continuously crying, and i vomited on road..but he continued n my mother in law n sister in law also speaking abusive language as the 3 of them were in mall that time..then i fell on road but my husband continued abusing me over phn, one of my ofc mates saw me on road, he called my hr head and then around 100 people came from my ofc m nearby branches of my ofc..my ofc is at hazratganj , it is like cp of delhi.. that was it..i decided then that i will not go back there as it was life threatening. I have few recordings after that with my husband..and also photos that showed some important proofs. I never told anyone till September because i thought that i will change their minds. I used to press feets of my mother in law to change her mind..ladke jhagadke kabhi pyar se har tarah se sabko samjhane ki koshish ki but ultimately I did not succeed. My father in law said to my father "apne apni ladki ko koi sanskar nhi diye hain kyuki wo roti hai to roti hi rah jati hai".. bahut kuch jhela hai maine..har ek din har ek pal..my mother in law sometimes used to be very nice n did my work too but that was her shaziz to provoke my husband..n my husband also did something good sometimes but it was like rarest of rare.. once i just said at night that mummy ki yad aa rahi hai, my husband threw all my clothes, etc on floor and asked me to leave that house. It would have been better if i was raped because wo ek baar mei khatam to hota...ek saal til til se marne se acha hi hota...
Asked 5 years ago
Don't lose your self.
Irrespective of any personal laws ,Indian laws protect women from domestic violence and harassment for dowry.You can seek protection under the Domestic Violence Act,under sec.498 A IPC and so on.
You should file case of dowry harassment, DV against husband and in laws as advised hereinabove
You are the actual victim of all kinds of abuses and inhuman tortures.
You first lodge a criminal complaint with police narrating all the cruelties meted out to you including sexual harassment and dowry demand etc.
Besides, you may also file a DV case against all of them seeking protection, return of your articles and maintenance.
You can file aforesaid Criminal prosecution against him. You will get justice
1. You should file for divorce to get rid of this abusive marriage and then make a fresh start,
2. File other cases also so that the perpetrators are taught a lesson.
3. Engage a local lawyer to start the process.
1) Only option remains in front of to file DV case against them.
1. You are required to take things with your head and not with your heart for your own interest.
2. Lodge police complaint immediately against your husband and in laws alleging dowry harassment and qalso file DV case as suggested in my earlier post.
3. Thereafter you can also negotiate with your husband and jointly file a mutual conmsent divorce petition on agreed terms which will be decided within 6 & 1/2 months from the date of its filing.
4. You shall have to accept that you have had a bad marriage which is required to be terminated as early as possible to9 enable you ton start your life afresh.
I will suggest you to prefer a divorce petition against your husband in case you have taken a final decision to come out of this marriage.
Best,