• I am suffering for expectations and verbal tourtures by my in-laws, my husband is not by my side

I am a married woman, living in Mumbai in a joint family. I am a working woman and doing my duties as per my strengths and time-bounds. I have 2 years old daughter too. My in-laws are very orthodox and they always raise fingers any activity done by me. They are not happy and satisfied with the household chores done by me. Especially, my sasu-ma! She taunts me every now and then, complaining to my husband, her attempts spoiled relation between me and husband. I am very depressed with the situation and ultimately affects office work. My parents also tried to make the situation better, but it didn't work. My husband also neglected me. I am feeling helpless at my in-law's house.
Asked 5 years ago in Family Law
Religion: Buddhist

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17 Answers

Avoid the in laws and take some break. You cannot change the in laws but reconciliation with husband not impossible. Make a try, as at this stage legal interference is of no avail but deteriorate the situation.

Yogendra Singh Rajawat
Advocate, Jaipur
22633 Answers
31 Consultations

4.4 on 5.0

do you want to take divorce? or want to start afresh with your husband?

try to settle the matter amicably with your husband involving elders/relatives/friends etc of both sides,

However,

you can make a police complaint against your in-laws/husband for the cruelties caused to you in the shape of mental abuses/emotional abuse etc.

You can also claim maintenance,

file Domestic violence etc

but keeping in mind the 2 yr old kid I advise you to go for amicable settlement 

 

 

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

Dear Madam,

 

- Do have strength to fight against such orthodox people and collect as many as evidence you can collect against them to prove you right

- You can move to family court with petition of seperate home from husband and perform his duty.

- Incase not required dont go for any serious action else you have always 498a of IPC with domestic violence to move against in laws

- All the best

 

Regards

 

Vivek Arya

 

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

So why do you want to carry on in such a marriage? You are entitled to seek matrimonial remedy of divorce on ground of mental cruelty. 

You can also file a complaint with the magistrate having jurisdiction for domestic violent under DV Act and also a police complaint u/s 498A of IPC. 

I'm based in Mumbai like you are. So it shouldn't be cumbersome to come to my office for exhaustive consultation and advice and carry this forward. So take appointment and come, as you need legal assistance urgently. [deleted]. ([deleted])

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1547 Answers
5 Consultations

4.4 on 5.0

Hi, as per law you have several legal remedies ..You can file domestic violence complaint in court against your-in laws ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

If your husband is with you, I think it is advisable that you both go to a marriage therapist, so that he is counselled. It is important that your husband understands the precarious situation you have landed into. 

If at all he fails to understand you, you have the option of preferring a complaint under the Domestic violence act.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

See you can file a complaint against husband and in-laws if they are mentally harassing you, mahila police thana can be approached or alternatively you can try to talk you husband in case situation is such that you can't stay with him then you can seek divorce.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can file divorce if you desire to.  You can also file domestic violence case against her. You can file maintenance application under 125 crpc as well as domestic violence Act

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

Visit a marriage counsellor with your husband to resolve your differences 

 

shift to separate rented flat with your husband 

 

if situation does not improve file for divorce by mutual consent 

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

The in laws relationship with daughter in laws has always been d same since ages. It's almost a common factor in every household in india.Being a woman too  I can understand d mental trauma u gave been facing so far. But d best advice would b to tactfully deal with your in-laws and take your husband in confidence. Suggesting you a legal remedy would not b correct at this juncture as it may worsen ur situation and will turn your husband against you. As said by you, that you r educated & working that itself is a great power. Make your stand absolutely clear to both ur in-laws & your husband. Tell them that neither you r a servant nor a slave but d most respected daughter in law of d family. Deal with her taunts more logically & don't keep quiet and reply back for her wrong doings. Do not fear for d future. Things will be completely under your control If you take d charge If still d situations do not change then you can legally file a complaint against them under domestic violence. Remember marriage has a sanctity & and your offspring is d result. Fight back instead of being depressed. The laws r always there to help you. 

Sital Patil
Advocate, Kota
139 Answers

Not rated

1. The issues are no so serious and it can still be resolved by mutual discussion and faith.

2. Talk to your husband to find out the actual reason behind this ill treatment  so you can try from your end to remove the uncertainty.

3. Ask your husband t stay with you for sometime separately or at least go for short trips outside where the frictions can well be sorted out peacefully.

4. Do not seek legal redress as of now . It may worsen the situation further.

Devajyoti Barman
Advocate, Kolkata
22821 Answers
488 Consultations

5.0 on 5.0

It may be time for Marriage Counseling,Marriage counseling can help you rebuild your relationship. Or decide that you'll both be better off if you split up. Either way, marriage counseling can help you understand your relationship better and make well-thought-out decisions.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear Madam,

There are several enactments in favor of married women.  You must show heat of the litigation to your husband and mother in law otherwise you cannot sustain in such unbearable atmosphere.  You can file Domestic Violence case.

 file Domestic Violence case seeking following reliefs:

 

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

Hello,

 

What legal opinion do you seek? 

If you are looking for divorce then you may file the same on the ground of mental cruelty under section 13 of the Hindu marriage act

 

Regards 

 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Dear Querist

if you want to take any legal action then it will be better for you but due to legal action, matrimonial life may spoil so if you are 100% sure about your action than only use the law otherwise tried to settled the matter amicably or take the help of any marriage counselor.

 

legally, you may file a criminal complaint against them before the magistrate under section 12 read with section 18,19 & 22 of The Protection of Women From Domestic Violence Act-2005. and claim protection, right to residence, restraining order and compensation.

 

Feel Free to Call 

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Under the given situation you may ask your husband to set up a separate house where you can live with your own family.

He may not agree for your proposal citing several reasons including sentimental reasons, whereas you try to convince him stating that before any major mishap occurs in the joint family and the situation goes beyond control, it would be better that you start living with your own family away from them and can visit them on occasions.

If your husband do not entertain your request then you may decide to leave your matrimonial home and start living in a separate house along with your child, if need be you may take the support of your mother or father to take care of your child during your absence from home for  work  purpose.

Let your husband take any legal action on this decision of yours, it can be challenged properly on merits and documentary evidences when the situation arises.

T Kalaiselvan
Advocate, Vellore
84913 Answers
2194 Consultations

5.0 on 5.0

1. You have to decide what you want. Since the conduct of your husband is tantamount to cruelty you are free to file a petition for dissolution of marriage on this ground.

2. If you wish to stay in the marriage then you may file a DV case to seek protection order against husband and in-laws to stop the acts of domestic violence.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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