• Mental harassment in marriage by in-laws and husband

I have married from 3 years in hindu marriage act and having daughter of 1 year old. Just after marriage , dowry demand from in laws and torture me mentally on every festival. This marriage gives me lot of disrespect, negligence, loneliness, mentally harrassment , and abuse me and my parents. I thought that baby in marriage will create more love and bonding but i was wrong, nothing been changed Except that i want to live for my child. Husband keeps forcing for job even i am working currently but he wants good package job. he dont have interest to talk to me , sit with me or have any kind of activity. whenever his mother scold me , he also started with her and asked me not to cook , wash clothes for him as he dont want this relationship. he used to say everytime that ise jana h to jae yha se . etc but i cant reply to his mother back . please suggest me what should i do
Asked 4 years ago in Family Law
Religion: Hindu

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21 Answers

Hello, 

You may go ahead and file a FIR against him for harassment and dowry demand. 

Also, you may then file a suit to claim maintenance for the child. 

 

You may note that there is no law by means of which you may force him to behave properly with you. 

 

Regards  

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1)file for divorce on grounds of mental cruelty

 

2) seek custody of your daughter , interim maintenance and alimony from husband 

 

3) also file dowry harassment case against husband and in laws 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

Pay back time. You are self dependent. File FIR agasint them of dowry and domestic violence, as much you will tolerate, cruelty will increase or wait till her mother die. Than any possibility that he may change but till than your fortune period of life will be gone.

Better file polcie complaint, at lest polcie will issue warning and still repeats will land in jail. 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

It is better to file Domestic Violence case against your husband and mother in law 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

You are master of your own life. It is you to decide what you want.  If you feel that their behavior can be changed if we scold them by taking due process of law, we can assist you to do so. Or if you feel that you cannot live together anymore and you are capable to run your life individually, we can assist you for that also.

Dalip Singh
Advocate, New Delhi
1084 Answers
36 Consultations

5.0 on 5.0

Dear Madam,

It is really sad that for such a person who after so much of humiliation doesn't speak back to mother in law. 

Such greedy and self centred persons should be taught lessons by filing dowry, domestic violence and other allegations so others too fear of humiliating daughter in laws. 

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

You need to file domestic violence complaint against them. If you tolerate this will increase day by day. You need to think whether you want to continue in the siad marriage. You can also file maintenance application

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

Since you are working women you have all the right to protect your personality in case you are facing harassment in the family then you have to approach to the women cell and file your complaint against your husband and in laws under section 498 a in case you are facing any domestic violence you can file a case under domestic violence act as well you need to speak to the police for counselling so that your husband and inlaws are warned of their behaviour.

So far as this point of time you need to take actions carefully so that it should not impact your future life in your family

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Report this case to the local Police, detailing everything in your complaint to the Police.

Inflicting physical violence on a wife or daughter-in-law as well as subjecting her to cruelty - physical, mental or emotional - in a marriage is not only a civil offence and provides ground for divorce (a "matrimonial offence"), but is also a criminal offence under the Indian Penal Code, for which a person can be imprisoned.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

As you are suffering worst form of cruelty in the hands of your husband and your in-laws, you can file a case of domestic violence against your husband and in-laws. First of all, go to the jurisdictional police station where you stay and register a complaint against your husband and in-laws about the harassment and mental torture you are being subjected to by them. Thereafter, you can seek help of an advocate to file a domestic violence case against your husband and in-laws and get appropriate reliefs under the act. You can seek residential order, protection order, child custody etc from the magistrate court where you file the case. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Have  patience and do your best to protect the institution of your Marriage.

First have a one-to-one discussion with your husband and try to address the problems by keeping aside "EGO".

If it goes beyond tolerable limits you may have to take a call.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

- As per law, you should take legal actions against his cruelty and also to show him real path of life.

- Since, you are living in your matrimonial home, even though you can file a criminal case under the Domestic Voilence Act.

- Further, you can also complain to the CWC for concillation and also for lodging an FIR against them.

- Cruelty is also a ground for getting Divorce. But it is not suggested for you.

- Filing a case before the Court or CWC will not affect your relation with the husband . It may be a way of starting a good life as well.

- Without taking legal steps , your husband or inlaws will never evaluate your identity.

 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

File a police complaint against husband and In-laws for dowry and domestic violence see if on complaint he is ready to change and mend his ways then you can make an agreement of understanding and withdraw the complaint if not contest case ask maintenance for yourself and kid and further file divorce on ground of cruelty. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Client,

You may make a complaind under 12 of Domestic Violence Act to the nearest Police Station  and under section 498 A of Indian Penal Code against her in laws. 

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

You should leave the house with you child and lodge FIR against husband and in-laws for dowry harassment and domestic violence.

You can File other cases like maintenance and domestic violence case to get interim maintenance and compensation for your child and yourself 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

It is your life which is to be decided.

These are nothing but routine issues which may look very serious but when analysed and taken in proper note, it would be nothing especially when ther are plenty of other problems to be solved.

You should not lose yor heart of such petty issues.

You have to practice to manage the situation by using your own tactics.

If the situation is intolerable then you can think of looking for legal solution.

If you go for legal solution at this stage this may jeopardize the entie married life.

If you dont feel comfortable in the joint family life, you may ask your husband to set up a separate house so that the problems are solved.

You can even drag him to a marriage counsellor to get counselled 

Alternately you may take a break and live in your mother's house for a short gap of two to three months.

If the harassment or tortures are intolerable then you may decide solution through legal process.

 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

Dear Ma'am, 

Since, you are going through the mental harassment by the inlaws and the husband, the appropriate remedy for you will be to file a complaint under the provision of section 498A of the IPC. This will be a criminal proceedings which will be initiated against your husband and inlaws. 

Alternatively,  the other remedy you have is to initiate the mediation and reach out a easy and amicable situation in the family. so, that no criminal proceedings has to be initiated against them. Power is in your hands to go either ways. 

You can contact me for the case as well as the mediation. 

Regards, 

YUGANSHU SHARMA 

ADVOCATE 

Yuganshu Sharma
Advocate, Delhi
433 Answers
1 Consultation

5.0 on 5.0

Husband does not want to take wife and child 

 

he is merely making excuses not to bring wife and child  back 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

If both are serious about compromise settlement and rejoin to live together amicably,  some sacrifices from both the sides to be made to regain trust and confidence between them. 

So it's better that both should take considered decision for smooth rejoin and a happy marital life thereafter. 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

Dear Madam,

If the wife doesn't agree to record statement it is not advisable to press for quashing (legal term for withdrawal of fir).

Kindly share copy of out of court settlement to access the pros and cons and then the best approach can be seeked

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

- if husband is not ready for settlement , then wife should not give her consent for quashing the FIR lodged . 

- Further, wife can refile the cases against her husband , if husband not complying the terms and conditions as settled . 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

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