• Abusive husband and mother-in-law

I am married for 6.5 years. Trouble started from beginning itself.The cause is my mother in law who does not want her son to think of as a husband to me and his son obeying his mother. I started to object because of my belief that if i am asking my husband's coordination in my life i am not doing anything wrong. I overheard talking both of them bad about me but they have never admitted it. So i did few recordings of their talks about me to which they objected that doing such act in the house is not permissible.My husband started an extra marital affair with his colleague during this time, of which i have proofs. After 9 months of my marriage, my FIL was diagnosed with brain tumor and it was this time when they both demanded divorce from me saying that we both are not compatible and the tension in the house has caused brain tumor to his father which ultimately resulted into his death a period of 1.5 years. During this period they were determinant that they do not want me in the house but did not has the courage to take any legal steps for the same. A panchayat was conducted between both the families and as aresult not body agreed to our divorce, This all took four years of my marriage. After starting afresh, my husband took away all the money i have saved even during period which he was not concerned about me. But minor fights with my MIL never stopped. She has a habit of taunting and picking fights over petty issues and back bitting about me to her son and that to covering up what she says and adding false things in my name. Now after almost 6 years of marriage, my mil is still the same but because she still say nasty things on small issues in the house, i have started to kind of revert back to her about what ill things she says to me. She even make issues of small things like if i forget to give a ring if i am late from office, if i sort of make a plan to visit my mothers house and does not ask her permission again n again even if she does not answer to me in the first go, etc. So far i have contributed lakhs of rupees to my husband business and when the profit came he deposited the money in the joint account hold by him and his mother. To this , when he asked me to contribute money, i refused because on the ground of financial security i should have considering the situation that he is taking every penny under him and his mother. Since i have started reverting back to my mil and have refused money to my husband, they have taken a joint decision that they dont want me in the house. I came to visit my mother house for few days and when i dropped a message to them about my return, they refused not to come back. They instead gave a call to my tauji and told him that this is it for them and they dont want me or my daughter back in the house. This time i have recorded both of them taking ill about me, his mother giving him inhuman suggestion about me. I dont want a divorce but what else can be done in my situation so as there is peace in life.
Asked 1 year ago in Family Law
Religion: Hindu

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23 Answers

File petition for divorce on grounds of mental cruelty 

 

2) seek interim maintenance and alimony from husband 

 

3) also file case for dowry harassment under section 498A of IPC read with section 2,3 of dowry prohibition act 

 

4) you  can also file Dv case against your husband and mother in law seek protection order, maintenance and alternative accommodation 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

1. This marriage is surely not working but you are not ready to leave your husband either.

2. In that circumstances you have only option living in the same house . There is no magic wand nor force of law to bring peace in life.

3. The law is to stop atrocities in your life but this may ruin your marriage for good.

4. i would suggest you to take your husband for a holiday trip sooner than later and spending a good time together again can work wonders .

5. Involve reliable mutual friends in your dispute. Ignore your MIL altogether. This is touch but you can do this.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
363 Consultations

5.0 on 5.0

Look i got to understand your situation very much as i am also from Haryana and understand the mentality a bit.

If you take shelter of court, police or law, it will have adverse effect on the already disturbed relationship. Take some strong persons, like who can make them understand things and conduct a panchayat in which they be told that they HAVE to keep you happy.

Otherwise........

Here what instruments you have legally. 

Filing a complaint in the women cell will blow them away. They should be on the knees after the complaint. 

Try doing that.

Section 9 RCR can also be filed. But that would take something like one or may be two years to get an order in your favour.

Try panchayat. Else women cell.

Thanks

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Respected mam....

First of all you have to make your mind clear that weather there are circumstances in which you can say with him or not ....mam if you take once legal action then there will be a gap createy between you and your husband ...so make it clear to yourself first and then take legal action ...yes you have all the options available for you ...I am from gurugram you can call me for further assistance...

 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1250 Answers
12 Consultations

4.9 on 5.0

See for the ill-treatment by MIL and husband you can file a complaint before mahila police station , the police on complaint may conduct mediation you can also go ahead and file FIR . You can under DV act ask residence rights can seek maintenance from husband under DV act for your daughter under 125 crpc though filing cases will again increase issues in your life.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
147 Consultations

5.0 on 5.0

Dear querist, 

This is unfortunate. sinvce you are not seeking divorce, the best possible outcome is to bring hem under the umbrella of the law. You have option to file an application for the protection order under domestic violence act through which you will be under the protection by the court of law. IN case you want to stay away from the lagal proceedings as such then to bring them under a fearful state a legal notice can be send to him, giving them a warning and subsequently an application before the police to give you protection. 

You can contact me for legal notice and police complaint on your behalf. 

Regards, 

YUGANSHU SHARMA

ADVOCATE 

DELHI HIGH COURT

Yuganshu Sharma
Advocate, New Delhi
390 Answers
1 Consultation

5.0 on 5.0

Dear Madam,

- You can file the case for restitution of conjugal rights and obtain the court order to stay with husband.

- You can also seek protection from your in-laws from the court to which they shall be bound and court will assign protection officer for your well being.

- Simultaneously, you can ask for maintenance for your child from the husband.

- In case you have enough proof on MIL ill-treatment then you can seek separate accommodation from the husband. 

- Feel free to connect with facts to guide more.

 

Regards

 

Vivek Arya

Vivek Arya
Advocate, Gurgaon
741 Answers
6 Consultations

5.0 on 5.0

1. The simple solution ri now is to go to the mahilla thana of ur locality and complain about your Mother in law & d husband. They will make arrangements to warn them not to harass you & may even appointment a counsellor to make ur husband that you are his legally wedded wife & it's his responsibility to take care of you. 

2. This step will secure ur right s & create pressure on them to take u back & maintain amicable relationship with u. 

3. If this doesn't work file a case of Domestic violence. This will safeguard all ur right s like residence order, protection order, your jewellery & other belongings maintenance, no use of abusive language & harassment etc. That ur advocate will help u with. 

4. For this case don't get worried. This is not meant for taking divorce. It is only a way to safeguard ur rights. 

5 Be very straight & also demand for d money to be paid back to u which u spent on him. 


As far as d extra marital affair is concerned u can file a case of cheating

Sital Patil
Advocate, Kota
139 Answers

Not rated

Dear Concern,

Please take note of the suggestions as per your stand of not taking divorce in this situation - 

File a case of restitution of conjugal rights under section 09 of the Hindu Marriage Act, 1955 seeking cohabitation with your husband along with your child.

You may also seek separate residence for yourself and your child away from your mother-in-law however this may put you in a tricky situation as Supreme Court has passed an order saying that compelling a son to leave their old age parents amounts to cruelty and divorce can be taken from such wife.   

So if you intend to live along with your husband with also a rider that you do not want your mother-in-law to be around then you may have to bring another case of Domestic Violence in against your mother-in-law seeking separation from her. You have to submit all relevant proof to prove your point in against her. 

This way, you will get separated from your mother-in-law and by the way of section 09 application you will regain the company of your husband. 

However, if you have to take my opinion in your case then I would suggest you to - 

A. Move ahead with the Divorce application on the ground of cruelty and extra-marital affair of your husband. Your relationship with your husband and mother-in-law has reached to such position that whatever you will do it is not going to be solved. The enmity and reluctance to accept you as family will always be there. 

B. Besides, I will also suggest you to file a case of domestic violence in against your mother-in-law as well as your husband seeking punishment for the wrong which they have done it to you. Submit all the proof along with the proof of financial help which you have provided to them and they have usurped it for their own benefit.

C. Seek recovery of the amount which you have invested in the business of your husband by filing either the recovery suit or by negotiating under the maintenance application along with alimony amount to get separated from your husband. 

D. You can also seek custody of your child and can claim maintenance amount in against his upbringing and education as well. A father is bound to take care of his child irrespective of the fact whether he has his custody or not.  

My best wishes to you. 

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

Since you are not interested in Divorce, therefore, try to settle the matter amicably with your husband involving elders/relatives/friends etc and start afresh, and if, failed, file Restitution of conjugal rights petition in the Court,

you are also advised to file/claim:

police complaint about 498a (for causing mental, emotional, physical and monetary abuse, etc)

Domestic Violence case (for causing mental, emotional, physical and monetary abuse, etc)

you have rights to claim residence (separate or within the shared household), protection (against the cruelties), compensation, maintenance,

from the facts stated by you, it seems that you are a working woman & at the same time mother of an angel too,

you can claim the maintenance for your daughter,  

police complaint (498a) may deteriorate your spousal relationship,

 

 

Suneel Moudgil
Advocate, Panipat
2353 Answers
6 Consultations

4.7 on 5.0

First go to house and stop all financial contribution. You cannot be prohibited to enter in the house. Agasint any resistance, call the police.

Divorce dose not grant so easily so better file enter in the house and than complain of DV and dowry demand. Police will issue warning. Most of things will resolve.

Even when divorce file by husband, you are entitle to live in matrimonial house and court will grant you protection order.

And ask him return all your contribution, be a boss not a maid.

Yogendra Singh Rajawat
Advocate, Jaipur
21439 Answers
31 Consultations

4.4 on 5.0

Your written statements are showing that you are subjected to cruelty from your husband 

- Hence, you should know , that legally you are having following right  :-

 1.As per law, A wife has the right to claim decent living standards and basic comforts of life from her husband. Hence for claiming the maintenance, you can file a petition under section 125 CrPc.

- Your husband is under legal obligation to provide the same to you at any cost, even he is working or not. 

2.Law entitles wives a basic right to reside in the matrimonial/ home, whether the house owned by her husband or his parents, a rented property or officially provided to him. 

- Hence, for claiming your residential right, medical expenses etc, and also for teaching a lesson to the family members of your husband, who subjected you torture & harassment, you can file a petition under the provisions of Domestic Violence Act.

3. As per the Supreme Court, A wife has complete ownership rights over all her Streedhan, the gifts and money given to her before and after marriage. The denial of Streedhan to the wife makes the husband and in-laws liable for criminal charges. 

- And further, if the husband or his family members subjected a woman to cruelty for the dowry demand, then they can be booked under Section 498-A.

- You can lodge a written complaint against your husband and his family members , in the Women cell/Mahila Police, after mentioning all the details of torture & harassment. 

- The women cell firstly will try to reconcile the dispute , otherwise, they will lodge an FIR against all the person, who subjected you cruelty. .

- If your husband files a divorce case , then you should file the above mentioned cases against him , then he will himself pray you to forgive him , and the cases will not finish until you will decide for the same. 

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

Since according to your query, it appears that your mother in law is the root cause of the problem, and has been interfering too much in your marital life; all of which has taken immense mental toll on you and also caused you harassment, institute a complaint against her under the Domestic Violence Act. 

Vibhanshu Srivastava
Advocate, New Delhi
9343 Answers
212 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.

Further, she can also file an application under Section 12 of Domestic Violence Act, thereby seeking compensation for mental harassment. In case she requires residence, then she can file application under Section 19 of the said Act for seeking right to residence.  In addition to aforesaid,  in case she desires maintenance then she can file a case under Section 125 Cr.P.C., thereby seeking maintenance.

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. xxxxx/- and advance of Rs. xxxxxx/-.
  3. Pass orders u/s 18, in totality against Respondent1 to 3,
  4. Pass orders u/s 20(i) granting Rs.xxxx/- per month as maintenance for applicant and maintenance at the rate of Rs. xxxxx/- each per month to her three children.
  5. Pass orders granting Rs. xxxxx0/- 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.xxxxx/- 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

If you do not want to give him divorce then you refuse to his proposal.

You may not stay at your parents house anymore.

You better return to your matrimonial home immediately.

If he is refusing to allow you inside then you may take the help of police to gain entry and also for protection.

If they dont talk to you or ill treat you in the house then you may file a DV case also sitting at their home itself 

You can even file a RCR petition for restitution of conjugal rights pointing out his ignorance towards you and the suffering you were meted out by him in this regard.

In he meantime you can get the audio call recordings certified by an expert as pr section 65B of Indian evidence act to produce it before court to prove their acts of cruelty against you.

You may discuss at length with a local advocate and take his assistance wherever necessary to accomplish your goals.

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

If you need to any legal action you need to file domestic violence complaint. Nothing will be normal automatically. You can opt for counselling in the same. But the mother in law harassment will not go. 

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

Madam,

You have the option of filing the case of domestic violence because the said inputs are real proof of that. 

Ganesh Singh
Advocate, New Delhi
6629 Answers
16 Consultations

4.5 on 5.0

You should file a domestic violence case and a case of 498A ie cruelty against them. This is very important as it seems they only use you as a cash machine and nothing else.

File for maintenance too.

Rahul Mishra
Advocate, Lucknow
13048 Answers
42 Consultations

5.0 on 5.0

1. Since you do not want divorce the only viable legal remedy in your hands is to file a complaint case under Section 12 of DV Act to stop acts of domestic violence and to enforce your right to residence in the shared household of your husband.

2. You are also free to seek alternate accommodation at your husband's expense. 

Ashish Davessar
Advocate, Jaipur
30745 Answers
913 Consultations

5.0 on 5.0

1. Most of your complaint is against your MIL for which your marriage is at stake.

 

2. Legally speaking you have two options left before you as given below;

 

a. adjust with your MIL strategically till she becomes old and weak enough to continue to quarrel with you.

 

b. File a divorce suit against your husband on the ground of cruelty.

 

3. It appears that your continuing married life with your husband when both of you stay with his mother is difficult for you and as per law, insisting husband to leave his old mother is considered as cruelty on the part of the wife.

 

4. However, you can negotiate with your husband  for amicably settling the matter and/or jointly filing a mutual consent divorce petition on agreed terms which will, be dis posed of with in 6 & 1/2 months from the date of its filing.

Krishna Kishore Ganguly
Advocate, Kolkata
26030 Answers
726 Consultations

5.0 on 5.0

1. Make a written compliance before the women cell in the area.

2. Criminal complaint can be made before the respective Police Station, specially if there was demands for dowry.


3. Compliant can be made under the Domestic Violence Act seeking right to maintenance, right to residence etc.. 

 

4. you can file divorce on the ground of mental creulty. 

Mohammed Mujeeb
Advocate, Hyderabad
19011 Answers
28 Consultations

4.5 on 5.0

well, you have proofs against your husband and mother in law. today, you have lots of option to go for first you have to decide whether you want divorce only or you want maintenance too or you want both. If you want to see your husband and MIL behind the bars you have criminal remedy too in the form of FIR under section 498 A IPC. You can even apply for divorce for mental, emotional and financial cruelty you suffered during your marriage,   simultaneously with other remedies. So, first, make up your mind after understanding the legal structure and remedies you have. 
 For further assistance book for a consultation
thank you

Prateek Aggarwal
Advocate, GURGAON
7 Answers

4.0 on 5.0

1. You should file case against your husband and mother in law under Protection of women from Domestic violence act 2005.

2. As you don't want separation from your husband and want to return to matrimonial house then you should claim Your Right to reside in Sharehold house( Matrimonial home) under section 17 of the act. 

3. You can also claim compensation and maintenance for harassment you have suffered due to domestic violence against you.

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

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