I was married on January 2019 to a banker after he chased and followed me for 2 years . Soon after engagement in June his parents started demanding hotel rooms/ furniture / cash from my parents and never contributed a single penny in marriage or engagement . My parents had to bear both party expenses themselves . After subsequent demands I denied marrying to him . But he emotionally dragged me to marriage . After marriage his parents came to our flat where we stayed in allahabad . His mother demanded my salary every month . But I told her that I am saving that money for future . During emergency I ll give u all the money . But please dont ask me to withdraw it . Which led to bitterness in her .She even started sleeping between me and my husband on bed . In March they denied giving me jewellery to wear on holi which my parents gave in marriage . When I went home without jewellery my parents gifted me a new set which took 20 days for them . So I stayed at my mothers place . My husband called up my father on phone and asked him stupid questions about my character and asked him to immediately send your daughter . My parents were shattered by this act . In September both our parents went to shirdi on my father expense but there also husband's mother created a scene and all 3 (husband, mother and father in law ) abused me in front of my father . Which resulted into parents argument . I came to my parents house but my husband apologize and took me back home on karwa chauth 17 october . We stayed happy for 1 month after which suddenly my husband stopped physical intimacy with me , stopped taking me to relatives marriage , I kept asking him reason for this acts but he gave excuses everytime. I asked him that we should have a baby which may result into conflict ending between our parents . But he denied . And after 3 months on 21st feb husband was in lucknow when I was trying to contact him and crying bitterly . And he had no fear as he knew I won't speak a word regarding baby matter and no intimacy to anyone . I msgd him on what's app that I want a baby frm u .He blocked me . Then on fb status I made the custom settings visibility only for my husband and I wrote there for help regarding ivf as my husband is having medical problem . I thought my husband would read this and in fear he will come to me and talk regarding this matter . But the reverse happened . He got a reason to elope and since 3 months I m asking him again and again to come back . But he is putting false allegations on me that I beat and torture him. Yesterday he said that my 2 conditions to come back are 1- you write on stamp paper that if anything happens to me my husband is not responsible and I won't file any domestic violence case in marriage .2- not insisting to have baby for 3 years at least . Please help me what should I do. I have written to national women commission and 1090 but no results .
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Lawyers are available now to answer your questions.
No need to bow down to pressure tactics
2) file case of dowry harassment against husband and in laws under section 498A of IPC read with section 2, 3 of dowry prohibition act
3) also file Dv case seek protection order , alternative accommodation, compensation for mental torture undergone by you
4) you can file for divorce on grounds of mental cruelty
Better end this marriage. Your mother in law is greedy and hardly such peoples change. Once you become mother, your situation will be more vulnerable and incapacitated to retaliate.
File FIR of dowry demand. Recover everything and create pressure on them to live on your terms or end it with recovery of all money spent on marriage + gifts + jewellery + alimony.
Nation is busy with fighting covid. So situation will take time. So meanwhile go to nearest Police station and file FIR.
Conditions which he is insisting are of no value neither valid in court. On the contrary, asking for such condition mean your are not safe.
You will not get any relief from the National commission for women welfare.
They are toothless.
If at all you wanted a proper legal relief you should have approached law enforcing agency or authority to get redressed.
Even now you can decide whether to continue with this strained relationship to avoid more and more sufferings in the hands of your arrogant husband and greedy cum mischievous in laws, or to go ahead enduring all the tortures and humiliations.
If you decide the first option ten you can lodge a criminal complaint against your husband and his parents for the cruelties they meted out to you including withholding your jewels and demand for dowry etc., before the local police station and also file a DV case seeking protection and compensation for the tortures meted out to you besides seeking the return of your jewels held under their custody and then decide about filing a divorce case or not.
Madam,
You are suggested to be mentally strong because it is prerequisite of any strong action by you. As you have already written to nation commission for women, you are suggested to be cool and wait for some days. If next 10-15 days, if you are not receiving any response, please write to state unit of women commission or mahila thana (police station) of your area.
Marriage is a religious alliance rests on faith and trust. Law can not keep a marriage meaningful but only help either to maintain or to break it.
If your marriage has lost all its meaning you can file suit for either divorce or separation on ground of cruelty .
You can also file domestic violation case against your husband and in-law .
If you are fed up with his acts for the past one year you should take a divorce. My opinion will be to take a divorce. The family and husband married you for money and nothing else. He has no emotional attachment with you. He wants you to live with him like a slave and give him all his money.
File a divorce petition in the family court.
File also a domestic violence case against them and a fir for cruelty.
Respected mam...
First of all you have to make your mind clear weather you want to take legal action or you want to solve thing's out of court ...mam you have both the options available if you want solve all the things outside the court then you just have to convince him for not doing so...if you want to take legal action against then just go ahead suck kind of stamp paper doesn't matter at all just file the case after discussing with lawyer ...you can take excuse that he have forcefully made to make signature of that paper....Mam your case can be filled on strong on ground ..just mention all the facts and circumstances and add some needable things to it...
Thank you
Please send him legal notice asking to join the matrimonial home and if he fails to join file a petition for restituion of conjugal rights in the jurisdictional court secondly also file a maintenance petition under 125 CrPC in that atleast he will be appearing and you can seek court conciliation and settle the matter. Any thing you write and give can be misused so do not go into such things
1. See deny giving anything in writing though such agreement or writing can be contested in court that they were taken under force and duress .
In case you want to save you marriage it is better to talk to your husband clearly and you both may also take some marriage counseling .
Alternatively you may give a written complaint in mahila police station and ask them.for counselling they may mediate and help to settle issue if issue is not settling they may register FIR for cruelty.
Dear querist,
Unfortunate to hear all this. What can be done in such situation is:
1. File a restitution of conjugal rights. Section 9 application in the court through which your husband will be insisted by the court to live with you.
2. Dont sign on the stamp paper as this might prove to be fatal for you later. Rather, agree to sign and bring him to the negotiation table and further try to solve the dispute with the elderly in the house or a lawyer.
You can contact me for consultation or on
www.linkedin.com/in/ yuganshusharma-655091183
regards,
Yuganshu sharma
Advocate
if you want to remain in the matrimonial relationship, then, 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, (after going through the facts, the reunion is not advised)
and,
if you want to terminate the matrimonial knot, then,
try to settle the matter amicably with your husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you are advised to file/claim
498a complaint (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, protection, compensation, maintenance,
You need to immediately file for domestic violence case against your husband and in-laws. Along with it you need to file FIR under section 498 IPC and 406 Ipc along with dowry prohibition Act. You need to immediately demand maintenance under 125 crpc and domestic violence. As per your case the whole family seems to be greedy and just want to continue with you for money. Immediately avoid them and file the above cases at the earliest
Why no results on woman helpline? What did they say?
Write a complaint to the S.P of your area.
File a domestic violence complaint against him and a maintenance case against him, he will be on right track
- As per law, A husband or his family members cannot claim any right over the earnings of his wife , and also husband cannot inherit any share in the property of his wife during her life time, and further a husband also has no right over the gift /jewellery/share benefits, which a wife received at the time of her marriage.
- Your written submissions are showing that you are subjected to cruelty from your husband and his family members. 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, 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.
- His conditions for joining the matrimonial life with you are against the law , hence dont give any such type of undertaking , or even you give , that will not maintainable in the court as well.
- National women commission cannot take direct action , take legal action against him as i mentioned above.
Good luck and dont forget to rating Positively.
1. The demands are unreasonable and arbitrary.
2. You are always free to file the DV case to seek appropriate reliefs including alternate accommodation at your husband's expense and maintenance for yourself.
3. National Women Commission cannot do anything. You have to seek reliefs from the court under DV Act, 2005.
File Petition for legal separation and maintenance before Family Court or Civil Court having Jurisdiction.
Or
File Petition for Restitution of Conjugal Rights.
And
File FIR for cruelty and mental torture to Police.
1. It seems that you did not gel well in your marriage.
2. Courts of our Country, women's cell etc can deliver justice to you if any injustice takes place but can not make your husband love you and impregnate you for which mutual love and attrction between you two is essential.
3. If your husband does not want to stay with you or have physical relationship with you, you should worry about your future relationship for which you should rethink about your desire to have baby now since in case of divorce on a later date, if initiated by your husband, you shall be burdened with your baby and will not be able to move ahead in life walking away from your husband.
4. You are very young, and should think several times to succumb to the undue pressure of your husband.
5. Discuss with your husband to settle the dispute amicably and if that is not possible, you might discuss with your parents for terminating your relationship with your husband who is unwilling tom continue with you.
1. File for Restitution of Conjugal Rights against your husband in the jurisdictional competent court and after obtaining favourable decree in your favour, if your husband does not join you, then refusal to join you in marital life can itself be a good ground for you to opt for contested divorce.
2. If you decide to opt for divorce, it's advisable to opt for Mutual Consent Divorce.
3. Let you convince your spouse
to agree for Mutual Consent Divorce. Better to opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by your parents and relatives etc.
2. In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.
3. The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.
4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.
You shall not comply with the two conditions imposed by your husband, which will ruin your life.
Since you have already written to NWC. You have options as detailed below:
- You can file for Divorce under ground of mental cruelty (using details / data available with you).
- File complaint 498-A.
- File for maintenance.
- File applications under Domestic Violence Act seeking protection order, residence order, monetary order, compensation order.
The above applications cannot be filed as a "MATTER OF RIGHT", but if you decide and file the same, you need to support the applications with substantial proofs / evidence (make sure to have the same before you go ahead).
Good Luck.
if you don't want to divorce your husband , so better take help from the Women cell of your area softly to resolve the matter in dispute with the family members and with your husband. The official of CWC will try to settle the matter and to remove the confusion arises. If not solved then you will have to approach the court to file the cases with the help of lawyer.
Ans: please learn that when there is no respect you have to leave that marriage. No man can force you emotionally to marry him.
If that happens you should immediately withdraw your consent.
If you mother in law has slept between you and your husband, why didn't you complain to either of their relatives.?
Leaving that apart, this doesn't look like issues will be resolved. Marriage rules are not written on stamp paper hence I would request you go for divorce by mutual consent. If he denies for divorce by mutual consent then you may talk to your parents and file a DV case against him and his family.
1. You can give him the document he is demanding from you and later file complaint against him as the document have no legal value and it can go against him if he uses that document.
2. You can make a complaint that he took that document by torturing you.
3. You should go for RCR petition against your husband and file other cases like DV and maintenance.
