• Mental torture and physical abuse

My husband has been abusing me for 4 years. I can't take it anymore. My parents don't support me and he forces me into a physical relationship against my will. Says he has license to do that and so do my parents. His parents try to dominate me and blame everything on me. I'm a working Lady. He takes away all my money and sold all my jewelry without asking me. 
I lost my respect. Can u please advice me way to get out of this relationship?
Asked 1 year ago in Family Law from Hyderabad, Andhra Pradesh
Religion: Hindu
1)you can file complaint under domestic violence act against your husband before magistrate and seek a protection order 

2) you can also seek alternative accommodation from your husband in said complaint 

3) refuse to hand over your salary . you cannot be forced to hand over your salary to your husband 

4) you can also file for divorce on grounds of mental cruelty and seek custody of your children 

5)   marital rape is not an offence in india .
Ajay Sethi
Advocate, Mumbai
23217 Answers
1219 Consultations
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1) there is exception to Section 375 of the IPC that says sexual intercourse by a man with his wife, who is 15 or above, is not rape even if it is without consent.

2) no law can force you to stay with an abusive husband . 

3) since you are working and can stand on your feet you can if you so desire walk out of the marriage . 

4) you  can also seek return of your streedhan in your husband possession which he has allegedly sold 
Ajay Sethi
Advocate, Mumbai
23217 Answers
1219 Consultations
5.0 on 5.0
1. I wonder what is forcing you to continue this relationship as it is not possible to pass days with this person.
2. If your husband does not perform then teaching him a good lesson is your duty to yourself and the society.
3. File a case u/s 4098A, 406 IPC against all of them, File a case under Domestic Violence Act as well.
4. Then file a suit for dissolution of marriage. 
Do not bear the pain silently,
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
4.9 on 5.0
1. You may file for divorce on the ground of cruelty committed by your husband.

2. In addition to filing for divorce you may also file proceedings under domestic violence law to claim compensation for the cruelty which you ave suffered at their hands. 

3. Criminal charges for assault can also be filed against your husband.

4. You may also file for maintenance for yourself and your kids.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
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You may also file a case of child custody to get the custody of your children. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
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Your next step will depend upon your will power to fight against evils. Blaming unchastity by husband is a valid ground of divorce for wife. You are a working lady so you should live separately. file a petition before district judge court for taking guardianship of your child. mother is the natural guardian of child below the age of five years. You can file FIR under section 498 A IPC or file petition under D V Act and seek accommodation order, this order will prevent your husband and your in laws to enter in your premises in the same house.  
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
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1. It seems tht you are in a bad marriage,

2. Decide finally whether you wan to come out of this bad marriage or continue with it,

3. If decided to come out, go all out and file a police complaint u/s498A before the police  after audio recording all their torture, file DV case,

4. After that file a divorce petition on theground of cruelty,

5. Since you are a working lady, leave that house and stay with your parents or in a rented house.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. Collet all evidence of their tortures and file the 498A complaintagainst all their family members  and DV case as suggested in my earlier post,

2. File a child custody case,

3. Before coming out of their house select the place whee you ant to stay and complete collection of all evidence and your personal articles/belongings once for all.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0

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