• Under which law i can file a complaint against my husband

I got married in Feb , after which my husband family asked me and my family to pay for the house they wanted to buy . I denied and had an argument after which my in-laws nvr called me back.
Its been 3 months now , they are no ready to call me back and keep delaying things.
My husband is not ready to talk to me and now after 3 months , he is saying that he would not like to keep any relation with me . 
My marriage has not been registered in court .
Pls help me and let me know my rights under such circumstances.
Asked 1 year ago in Family Law
Religion: Hindu

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18 Answers

File DV case against your husband seek right to stay in your matrimonial house or alternative accommodation, maintenance, compensation for mental torture undergone by you 

 

2) you can also file petition for RCR under section 9 of HMA 

Ajay Sethi
Advocate, Mumbai
79679 Answers
4798 Consultations

5.0 on 5.0

Hello maam,

Please be advised as follows:

1.You can file a petition under Section 9 of Hindu Marriage Act for restitution of conjugal rights.

2. Under the aforementioned section, if the husband leaves or deserts the woman without any reasonable justifcation, the court directs the husband to leave with the woman if they are married as an effort for restoring the marriage.

3. If you want to file a case for Dowry demand by your in-laws you can file the same under Section 4 of the Dowry Act.

Please revert for consultation or through email in case of any query.

Thank you.

Harshit Singh Jadoun
Advocate, Noida
68 Answers
2 Consultations

5.0 on 5.0

I hope you have a marriage card and marriage pics, they are sufficient enough to prove marriage under section 7(2) of the Hindu Marriage Act.

Basically indirectly they have asked for dowry, dont file 498a, but instead file an FIR at women police station and seek their help by summoning them, this much should work enough, instead of going into cases or litigation and spending unnecessary money upon lawyers or in doing cases, if at aĺl needed, then do cases which will be effective in nature, recently I have done 2 of them similar to your issues, husband and inlaws are back to normalcy and scared of wife

Aveek Bose
Advocate, Kolkata
1220 Answers
9 Consultations

4.7 on 5.0

  1. First of all you have the right to get them prosecuted for dowry. Demanding dowry in any form or means, is not a civil wrong against you but a criminal offence. So you must file a police complaint to get them prosecuted. 
  2. Secondly, your matrimonial rights.... We (you and your advocate; which can be me if you so choose) first have to decide whether your marriage can be saved or is it a dead relationship, oppressive and abusive only to you. It's only then can I suggest appropriate matrimonial remedy for you and work upon it (ie litigation in court) and take it to it's logical conclusion to provide you relief. 
  3. So you must come to my office for exhaustive consultation. I'm based in Mumbai like you, so it shouldn't be difficult for you to take appointment and come to my office. ९७२०८९७८८४.

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1356 Answers
5 Consultations

4.4 on 5.0

You can claim maintenance from your husband and provisions of section 125 of the code of criminal procedure, if you have no source of income or unable to maintain yourself from your income.

Complaint under DV act can also be made against him if you were subjected to any domestic violence.

Also, complaint under Section 498 a of IPC can be made to the police for dowry harassment.

 

Siddharth Jain
Advocate, New Delhi
5612 Answers
65 Consultations

5.0 on 5.0

Even your marrige is not registered that maked no difference in your rights as a wife and even your in laws do not call you back you may go back to your matrimonial  house by your own.

Please rethink your decision to file cases if you want to go back to your matrimonial home as this will create difference.

If you want to move ahead you may file cases under section 498A of IPC, 3/4 Domestic voilancev act and  Dowey prohibition act

Vimlesh Prasad Mishra
Advocate, Lucknow
6793 Answers
23 Consultations

4.9 on 5.0

you can make a police complaint against your husband/in-laws for the harassment (emotional, social, monetary, mental) caused to you,

you can also claim maintenance and file domestic violence case

 

Suneel Moudgil
Advocate, Panipat
2336 Answers
3 Consultations

4.7 on 5.0

If you are legally wedded wife then you are entitled for legal protection . If it has come to an end you don't intend to cohabit then get the marriage dissolved by mutual consent after getting all dues.

Regards 

G.Rajaganapathy 

Rajaganapathy Ganesan
Advocate, Chennai
1804 Answers
8 Consultations

4.9 on 5.0

1. Even if your marriage is not registered then also your marriage is valid it was performed as per Hindu rites and customs.

2. Now to restore your marriage it is very essential to talk to your husband as without whom your marriage woud become a paper marriage.

3. if no talk occurs then you better consider this marriage to have ended for all purposes and then in stead of running after him go for mutual divorce albeit taking into account your future by payment of permanent alimony to you.

Devajyoti Barman
Advocate, Kolkata
21773 Answers
315 Consultations

5.0 on 5.0

Non registration dose not effect the validity of marriage solemonized under prevailing customs.

First of all without delay, file police complaint of dowry demand. Apart from that, You can claim alimony, expanses incurred on marriage, recovery of gifts , money etc given in marriage.

Yogendra Singh Rajawat
Advocate, Jaipur
21406 Answers
31 Consultations

4.4 on 5.0

You can file an FIR under 498A,  you can also file complaint under domestic violence. . You can claim residence rights in the house where you stayed after marriage.  You can also claim maintenance under 125 crpc and domestic violence Act

Prashant Nayak
Advocate, Mumbai
22626 Answers
49 Consultations

4.4 on 5.0

See you can file a police complaint against your husband and in-laws that they have asked for amount for house and when you refused they threatened and harassed you and the family deserted you for dowry and they demanded same.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
115 Consultations

5.0 on 5.0

Hello, 

File a complaint against the husband and his family under section 498A, 504, 506 of the Indian Penal Code and under section 3/4 of the Dowry Prohibition Act for the dowry that they were dividing. 

 

Regards 

 

Anilesh Tewari
Advocate, New Delhi
17850 Answers
315 Consultations

5.0 on 5.0

You can try to contact them through your sources and reconcile the matter.

If they do not respond then you may issue a legal notice instructing them to take you back into the matrimonial fold.

If there is no response about it then you may plan to file cases agaisnt them one by one i.e., DV case, maintenance case under section 125 cr.p.c. and police complaint under section 498a  for dowry harassment since they demanded house from you.

But be aware that once you initiate the legal action against him then there may not be any chances for your reunion in future.

 

T Kalaiselvan
Advocate, Vellore
69710 Answers
946 Consultations

5.0 on 5.0

1. Collect evidence of their demanding payment from you to buy the house.

 

2. Audio/video recoprd their such demand which will be treated as digital evidence.

 

3. Thereafter lodge a police complaint u/s498A of IPC alleging dowry harassment.

 

4. You can file a Domestic Violence casec against them.

 

5. You can also file an application claiming maintenance for you.

Krishna Kishore Ganguly
Advocate, Kolkata
24877 Answers
707 Consultations

5.0 on 5.0

You can exercise many options 
1. Sec 498 A -file F.I.R before police station
2. Complaint under domestic violence act (if assault)
3. FILE FOR APPLICATION FOR MAINTENANCE B4 FAMILY COURT

Mohammed Mujeeb
Advocate, Hyderabad
18986 Answers
13 Consultations

4.5 on 5.0

Hii

Greetings of the day.

Sorry about the same. 

1. First decide whether you want to keep this relationship or break. If you want to keep than take pack your bag and go directly to your matrimonial house without informing them don't move out of house for few months till the things does not turn in your favor.

2.if you wanna break Consult a good matrimonial lawyer and send them legal notice for deserting and your right or else you will go head with court case.

3. You can file for fir and case under for dowry and harrassment as the payment of dowry has long been prohibited under specific Indian laws including the Dowry Prohibition Act, 1961 and subsequently by Sections 304B and 498A of the Indian Penal Code.

Stand for your rights..

All the best 

 

Rita Rajput
Advocate, Thane
179 Answers
2 Consultations

Not rated

Dear Client

you have to make complaint in the women police station for demand of dowry by your husband and In-laws under Dowry Prohibition Act and section 498 A IPC

also if there is been only three months of marriage you can file a petition for annulment of marriage Under section 12 of HIndu Marriage act by stating that the marriage was done by fraud and concealment of facts and specifically for demand of dowry for purchasing the House. 

IF this petition is allowed your marriage will become Null and Void without getting status of Divorcee you will be single again

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

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