• Harassment by mother-in-law, sister-in-law, and husband

I got married in May 2017..My husband works in US..we both are software engineers.. I was working in a very reputed organization in Pune before marriage but my husband wanted me to work in USA after marriage so he asked me to leave my job n move to USA..so I went to USA just after 10 days of my marriage.. but after going there I came to know that I can't work in USA as my husband doesn't have proper documents n approvals for me to work there.. another issue was my mother in law n sister in law used to brainwash my husband n he started fighting n abusing me just after few days of marriage.. I was totally dependent on him in USA..so he used to take advantage of that..he forced me to go back to India when I was 2months pregnant due to his mother's influence.. somehow I gave a birth to a baby girl in India.. now my mother in law is not allowing my husband to meet me n my husband..my husband is not taking any responsibility of me or my child..he is totally influenced by my mother in law..we are staying away for almost 10 months.. I am living with my mom n sister now.. I am facing financial issues as I left my job for my husband itself..what needs to be done in such case?
Asked 7 years ago in Family Law
Religion: Buddhist

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21 Answers

1) In this case you can file for a alimony and monthly maintenance for your child under section 125 of CrPC.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1) file DV case against husband , in laws seek protection order, right to stay in matrimonial home , maintenance from husband and compensation for mental torture undergone by you 

 

2) you can also file petition for RCR if you want to stay with your husband 

 

3) if you don’t want to stay with husband file for divorce on grounds of mental cruelty 

 

4) seek maintenance from husband and sole custody of your daughter 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

You have to do two things together 1 you have to file a maintenance petition under section 125 CrPC in the family court for the maintenance of yourself and the daughter

2. You have to file a petition of restitution of conjugal rights for restoration of your conjugal rights.

Apart from above 2 you have to approach to your local police station and complaint against your husband mother in law and sister in law under Section 498 a IPC for the cruelty against you and Domestic Violence Act your husband will be called to reply this matter in the court

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

That will be really difficult to prove even if you file a cheating case as well.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Cheating case would take 10 years to be disposed of 

 

2) false representation is one of the essential ingredients to institute the offence of cheating under Section 420 IPC. In order to bring a case for the offence of cheating, it is not merely satisfactory to prove that a false representation had been made, but it is further necessary to prove that the representation was false to the knowledge of the accused and was made in order to deceive the complainant.

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

See if husband has abused you and there was mental cruelty a case under domestic violence act can be filed with mahila police station further you can seek maintenance and compemsation under the Domestic violence ac further you can file petition under 125 crpc for maintenace for child.

 

Also a RCR can be filed if you want to give last try to marriage though filing police complaint and RCR together won't be a good idea so think and decide and accordingly you can file though maintennace can be prayed.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See if you want to take criminal action then register complaint for domestic violence , breach of trust cruelty against the husband and family in mahila police station.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes, if you wish to file fraud and cheating those sections can be added along with it.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

you can approach court and get maintenance and compensation. You can also initiate criminal proceedings, against your husband and mother in law. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You may contact a lawyer to get more information depending on the specific facts of your matter. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

you can use same that you were cheated and not all facts were were disclosed to you in marriage.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Both cases are different. you can file domestic violence and 498a case against your mother in law and husband and you can file petition u/s 125crpc for maintenance for you and for your children. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

you can  mention in your complaint  that father in law committed suicide because of mother in Law constant harassment 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

1) Unnecessary don't involve her past problem with your current situation, kindly be specific and concentrate on your issues only.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. The remedy in your hands is to file a complaint case under Section 12 of DV Act to seek right to residence in the shared household of your husband, claim maintenance for yourself and your daughter and also monetary compensation. Under DV ACt the magistrate can also order husband to provide alternate accommodation to wife at his expense.

2. You are also free to file a petition for dissolution of marriage on the ground of cruelty.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. The criminal background of your husband's family does not have any nexus with your cause of action.

2. A case of fraud and cheating is not made out.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

  1. As per the information mentioned in the present query, makes it clear that your husband and his family has totally lied to you and harassed you for all those days when you were in US and even now also by not taking responsibility of yours and your new born child.
  2. There is an obligation in the law to maintain the wife if she has not been working, he must take care of the child maintenance irrespective of the fact that whether wife is working or not.
  3. I advice you to file DV case on them in your state and maintenance application also (can go for the divorce also, if wish to or can take some more time for that).
  4. Once you do that then your MIl will also have to come to India for proceedings.
  5. And yes, you can include all those incidents of 25 years back to show their acts.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

You can file FIR under 498A IPC as well as domestic voilence Act Complaint against the said offenders you can also invoke maintenance application under 125 crpc as well as in domestic voilence Act. You can also file divorce and alimony Petition before family court

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

You can file:

1.  DV case against your husband, mother in law and other close relatives who trouble and tortured you seeking protection, residence, maintenance and compensation for their violent activities and harassment;

2. file a maintenance case for you and your child under section 125 cr.p.c.;

3. Lodge a criminal complaint with the police for cruelties under section 498a, 503, 506 and 509 IPC besides 3 and 4 of DP act;

4. File a petition under section 9 of HMA for RCR.;

5. file a petition under section 24 of HMA seeking interim maintenance.

 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

No such case for cheating may be maintainable.

Instead you may file the complaints/cases as suggested earlier.

 

 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

How far this may be useful to your cases is not known however you take steps to file the cases as suggested in my earlier posts.

 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

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