• Harassment and cruelty by husband's parents

My daughter, a highly paid employed engineer, is married to a person as arranged by us(parents) since last five years and becoz of tremendous work presser at work place she cannot do house hold work at home and plus she has 8 months kid also to look after. 
Since the marriage, She is constantly facing mental harassment and taunts from her husband's both-parents. She was even manhandled by her mother in law several times, and her first pregnancy was miscarried due to their harassment and mental tortures and  cruelty of torturing. Her husband also an engineer supports his parents. 
After fed up with too much of harassment my daughter and kid are staying with us from last one month. My daughter never want to go back to live with his parents again and he refuses to make separate house and insisting her to live with them or leave - he wants to go for divorce.

Please advise us.
Asked 3 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu
1) best option for your daughter is to in for mutual consent divorce . 

2) in the consent terms she can seek custody of the child 

3) in addition she should seek maintenance for the child 

4) if husband refuses to grant custody / maintenance she can file Domestic violence case against her husband / in laws 

5) seek protection order from court against husband and in laws 

6) in DV case she can seek maintenance for the child also . 

7) since wife is working she wont get any maintenance 

8) wife can also file for contested divorce on grounds of cruelty 
Ajay Sethi
Advocate, Mumbai
46644 Answers
2759 Consultations

5.0 on 5.0

1.Sad to learn about the harassment meted out to your daughter by her inlaws. Let your daughter first decide whether to continue the marital relationship or not.
2.In case your daughter decides to part away from her husband, the best option for the couple would be to opt for mutual consent divorce, as it is faster and your daughter can start life afresh after getting the decree of divorce.
3.Your daughter can file DV case against her inlaws and can also file case U/s.498A, if the situation so warrants.
4.Your daughter is entitled to claim right to stay in matrimonial home along with her kid and claim maintenance allowance for the kid.
5.If the couple do not go for mutual consent divorce and go for contested divorce, then the decree of divorce takes a longer time and that is the reason why the couple should opt for mutual consent divorce, so that mutually both of them can settle the things between them amicably according to their convenience.
Shashidhar S. Sastry
Advocate, Bangalore
1648 Answers
109 Consultations

5.0 on 5.0

It appears that this marriage is not going to work unless some dramatic change occurs in your son in law.
In that event your daughter can file criminal case u/s 498A, 506 IPC for the tortures she had to bear all these years.
She can file case for domestic violence as well.
In the last resort she can file suit for divorce on the grounds for mental and physical tortures.
Devajyoti Barman
Advocate, Kolkata
13114 Answers
174 Consultations

5.0 on 5.0

1. If your daughter also wants divorce then she can propose mutual divorce to her husband. If she does not want divorce then she can contest the divorce proceedings as and when her husband initiates it.

2. If she intends to return to her husband then she can seek a restraint order against him and in-laws by filing a case for domestic violence in the court. 

3. She can also seek heavy compensation for the harassment suffered by her.
Ashish Davessar
Advocate, Jaipur
23092 Answers
639 Consultations

5.0 on 5.0

1. Your daughter shall have to decide as to what does she want,

2. Does she want to continue this relationship in the stated condition or she wants to terminate it,

3. If it is not possible on her part to stay at that house, then she shall have to decide about alternate course of action like filing a divorce petion since Court can direct husband to take up a new house for the wife but no Court can force the husband to lead a conjugal life with his wife by staying with her,

4. This decision of your daughter is very important considering her and her and her kid's future,

5. If it is decided to terminate the matrimonial relationship, then she can file police complaint u/s498A against her husband and inlaws, DV case,

6. She can then file a divorce case claiming adequate amount as alimony,

7. However, before taking the extreme step it should be kept in mind that divorce is the 2nd most stressful evet in one's life and decision in this regard shall have to be taken judiciously.
Krishna Kishore Ganguly
Advocate, Kolkata
18741 Answers
452 Consultations

5.0 on 5.0

Hi, Your daughter is willing for divorce then it is better both of them go for divorce under mutual consent divorce.

2. If your daughter is not willing for divorce then without her consent he can not get the divorce.

3. Tried to settle the matter amicably in order to interest of the child or else go for a divorce.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

Dear Querist
First of all, try to save this marriage with the help of the elders, relatives and friends, if not possible then file an application before District Legal Service Authority and pray for compromise through marriage counselor/mediator, if this is also not possible, then legal fighting is only the option.

Nadeem Qureshi
Advocate, New Delhi
4875 Answers
224 Consultations

4.9 on 5.0

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