• Conflict between husband and wife

I got married in the month of December 7 months ago , and my husband says we cannot stay anymore as u have got thyroid problem and we can’t have kids anymore ,because u hid the fact for the sake of money , his mother says that KUNDLI didn’t match after marriage and u both become brother and sister , he abuses badly if I question him , and he is not coming home from the second month of my marriage and I stayed all alone in a room, asking me to go away by settling the issue ,I have got some of the recordings how she abused me back of me with her relatives saying badly ,now They are planning me to behave and torture in a way that I should go out of the House on my own , what should I do now ? How can I get a justice ?they don’t even give enough property if settled with family !
Asked 5 years ago in Family Law
Religion: Hindu

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10 Answers

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

 

2) in alternative file application for maintenance under section 125 cr pc 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

file DV case against husband and in laws seek protection order , alternative accommodation , maintenance , compensation for mental torture undergone by you 

 

2) you can also file for divorce on expiry of one year of marriage 

 

3) seek interim maintenance and alimony from husband 

 

4) husband abusing wife amounts to mental cruelty

 

5) husband , in laws refusing to permit wife to go outside house amounts to mental cruelty 

 

 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 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

File police complain without fail of domestic violence and dowry demand. At least police will issue prohibitory order. And file application in court for protection/residence/maintenance order. 

Police complaint is must.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

Well, I wonder why he dis marry you when from the very inception he was desperate the break it by his own hands.

Talk to him in private to know the real reason.

If there is no reason then involve the family elders to resolve the issue.

If this does not give any result then lodge complaint of torture u/s 498A IPC and file case for maintenance under PWDV Act.

While filing the case do not leave your matrimonial home.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

Respected mam...

justice in india is very costly you will not only have to suffer money lose but also you have to suffer mentally mam first of all you have to make your mind clear that weather you want to take legal action against him or not ...as situation stated above as per my advice you must have to approach legally against him and his family so that they will know that what is ruslt of harshing anyone ...they will be charged under several laws such as under section 498-A of IPC ....SECTION 3-4 DOWRY PROHIBITION ACT.... SECTION 12 DOMESTIC VIOLENCE ACT ...SECTION 125 CRPC ...ans for sure you will get your share n property too so no need of worry just make your mind clear and go ahead laws are in your support  

 

THANK YOU

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

You can file for divorce.  You can file domestic violence case.  You can also file maintenance applications under section 125 crpc and domestic violence

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

You dont leave the house under any circumstances because once you leave that house they may not allow you to return to the house under any circumstances.

You may lodge a criminal complaint against him and his parents under section 498a and also dowry harassment offences.

You may also give a domestic violence complaint case before the judicial magistrate case seeking protection and other reliefs.

You need not file a divorce case nor you may have to leave the house for giving the above complaints.

You may be in touch with a local advocate for all such further actions.

 

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

If you are not allowed to go outside the house, you can somehow ask your parents to lodge a criminal complaint on this harassment and also to file domestic violence case agaisnt him.

If the tortures are intolerable and if you feel that it will not be possible to ,live under such dire circumstances yo may may decide about continuing this married life and before that if you feel that your life is not secured in that house then you may even plan to leave that house.

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

Dear 

You should immediately file an FIR and a Case if domestic violence act against the husband and his family. 

The case of Domestic violence can provide you protection and compensation from your husband and his family. And court can also order interim maintenance orders for your monthly maintenance till disposal of case. 

You can also file case for maintenance under section 125 CrPC 

And divorce case can be filed after completion of one year of marriage.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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