• Husband trying to prove mentally sick

I am married working woman with 10 months old daughter. Right after marriage I am being subjected to mental torture by my husband and in-laws. They always find fault with me whether I am doing some work or talking to them . They just can't tolerate opposition and tell me that I have been badly raised and don't know how to behave in matrimonial home. They tell me that I don't do any household chores though I do almost all work that I am being asked to do. Even if I do something of my own they find fault with me. I don't even have any say on my daughter's well being all this things are being decided by my husband and in-laws. Once I was made to leave my matrimonial home for noncompliance with there order. I came back as I don't want to break my marital ties. But presently it is becoming unbearable. I feel like I am in jail. I proposed my husband for mutual divorce but he said he will go for contest and also I will get no right upon my daughter. He also said that it is the duty of the daughter inlaw of the house to obey all the orders of the house silently with out a word and he said that recently a court verdict may be (Tamil Nadu ) has been given in this regard that a daughter in law is bound to obey all matrimonial home rules against her wishes. He also tried me to take to a psychiatrist to prove me mentally sick so that he could prove that it's all my fault and I don't want to maintain a family. Also they want me to visit my parental home and tell me that my daughter fall sick everytime I visit them. I am at loss please suggest me way out.
Asked 5 years ago in Family Law
Religion: Hindu

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31 Answers

Discuss this with your parents, as you are self dependent financially you can easily handle the issue. 

File a case under section 498a, 406,506 etc. You should also file a complaint under DV Act.

Apart from this file a case for maintenance for your child.

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

1. See for harassment and torture you may file police complaint against husband and in-laws.

2. You may file divorce against your husband on ground of cruelty.

3. You may take your daughter and move out of matrimonial home in case he files for custody petition of child you may contest same before the court.

4. You may seek maintenance for yourself and daughter from husband.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Ignore such rubbish.  Wife is not a chattel that she will have to obey the dictates of her in laws. 

Thus does not mean that you would shirk off your marital obligation to run the house which is expected from a Hindu lady.

Therefore the success of marriage depends on striking a balance between command and obligations. 

They to settle the dispute amicably. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

File for divorce on grounds of mental cruelty 

 

2) seek sole custody of your daughter 

 

3) seek interim maintenance and alimony from husband 

 

4) you can also file DV case against husband and in laws seek protection order, maintenance and compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Whatever he is saying is bullshit. Law is daughter in law should be treated same as own daughter and cannot be dominated and treated like a slave. 

Leave him and file FIR of DV and dowry demand. Simultaneously file petition in court of divorce and maintainance. Himself will agree to your conditions and for mutual divorce.

Custody of child always remain with mother, so dont bother.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You Please file divorce petition on the grounds of cruelty and Domestic Violence against your husband and in-laws before family Court. 

You also file maintenance application before Family Court seeking maintenance under section 24 and 25 of Hindu Marriage Act 1956.

You also file D V Act 2005 private complaint under section 12,17,18,19,20,21 and 23 for residence order and injunction order against your husband and in-laws for restraining them to harass  and torture you. 

You also file application for Custody of your daughter. 

The above 4 application will solve your problems permanently by the order of the Court.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

You seem to be under total threat, as you stay in howrah, there is a woman police station, the officer in charge is indrani chatterjee madam, you can lodge an FIR or GENERAL DIARY by way of email and i know the OC personally , you will get your child's custody, dont worry, dont leave matrimonial home, understand technicality and then leave with your child

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

A daughter in law is another daughter in the matrimonial home and not a slave .

The daughter in law has to be treated with the same dignity as others in the home,.

There is no such ruling by any court that the daughter in law has to obey the draconian laws framed by her in laws and to remain their slave for ever.

A daughter in law has equal rights in her matrimonial home.

She can file a DV case against her in laws for their tortures, she can even drag them to criminal court through police for their acts of cruelties and criminal intimidation.

If the situation is unbearable you can leave your matrimonial home with your child and file a divorce case from your native place also on the grounds of cruelty. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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, however, as per the facts revealed by you, your husband does not seem to be a good/ethical man

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,

since you mentioned that you have tried for the MCD but still you can give it a last try with the help of elders of both families,

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, 

 

as far as custody of your daughter is concerned, don't worry,

since she is just 10 months old, therefore, you will be the deserving candidate for her custody,

 

FYI

The mother usually gets custody of the minor child under the age of five but after five it can be given to any parent.

various factors are considered while deciding custody petition like financial status, the welfare of the child, will/consent of the child, educational status, living standard, place, extra amenities, etc

The most important factor is the BEST INTEREST OF THE CHILD.

The earning capacity of the parent does not determine custody, but the capacity to provide a safe and secure environment does. Even a mother who is a housewife can gain custody of the child and the father will be asked to provide child support.

keeping in view the above facts, you can prepare your defense.

you can consult me for a thorough understanding

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

- Your written submissions 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, 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. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

File following:

1. Divorce case (contested)

2. Maintenance case under 125crpc

3. DV complaint 

4. 498A FIR

5. Permanent child custody case. 

After you file these all than they will come to compromise with you, at that time you can ask them to get mutually divorced against some alimony amount and also get the child custody in your favour. 

After all these complaints they will surely be on knees.

If they agree to your conditions than you can withdraw all these cases and go for mutual consent divorce

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Leave the house along with your daughter. File a case for divorce and a maintenance case.

File a case of domestic violence against them immediately.

 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1) welfare of child is paramount consideration 

 

2) you would get custody of your daughter 

3) court would not award husband  custody of child 

4) if husband is working he would not be awarded maintenance unless there is substantial differences in your incomes 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If he is unemployed and not earning for living then you have to fetch him food ,cloth and shelter otherwise NO.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

You seem to have been totally lost. 

Visit counselling session. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

If your husband is not having any source of income then he cannot get the child custody also.

He cannot ask for child maintenance once the child is with you.

If he is not employed and not having any source of income then he may file an application in the divorce case seeking interim maintenance, but that is long way ahead.

Don't get scared by his absurd threats 

You may concentrate on what relief you need now and proceed accordingly.

Don't get diverted by his meaningless threats. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

 As per section 27 of the Hindu Marriage Act,a female Hindu is an absolute owner of Stridhan and gift received at the time of marriage and If her husband or any other member of his family who are in possession of such property, dishonestly misappropriate or refuse to return the same, they may be liable to punishment for the offence of criminal breach of trust under sections 405 and 406 IPC.

- Further , husband has no right over the income and property of his wife , and the husband is bound to maintained his wife and child .

- Hence, your husband is legally bound to provide the maintenance to the child and not you. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

If you have decided to sever the relationship it is better to go for Mutual Consent Divorce.  contested divorce takes some where around 5 to 7 years.

With regard to child custody, it will be with mother, and father will be given visitation  rights.

Issue of medical problem is concerned, you don't give then a chance to prove you medically unfit.

No one force a person to do things  against his / her wishes,  the ruling referred may not hold good in your case, further, it is TN Court Ruling, WB Court can ignore it even if it is similar in nature.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

No, he cannot demand money from you, he can ask for support.  It is the duty of male person to support the family.

He will not get child custody, even if he files for custody of child, he will most likely get visitation rights not custody, and that, you are also earning it will support you.

You better record his misbehavior of hitting you etc., and demands of money from you, going forward they will support you. 

No court will ask a wife to give money to support child when biological father is hail and health, further, the question of giving custody does not arise if he is not in a position to feed / take care of child, where is the point in taking custody of child and taking money from biological mother to feed her, no justice !!!

You need not worry on this aspect.  Custody of child will be with you and he will get visitation rights only, further he has to contribute to the child's welfare and wllbeing.  

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

I told you he is threatening you so that you dont take action, you need to understand few things, if you want take the forums permission to talk, easier to guide

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

1. Seeing the age of child you can contest to get the chd custody also in case the husband get child custody he may ask to share the expenses of child and give maintenance to child.

2. In case he is earning and qualified he is not eligible to get any maintenance. If he file any such application contest same before court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

 

Custody and divorce are two different things. You can always fight for your custodial rights 

You can file Divorce on grounds of Cruelty  and also you can file DV against husband and in-laws. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

No he will not get anything. 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Dear Ma'am, 

If you want to end the marriage and he is not willing for mutual consent divorce, it is advisable that you initiate the contested divorce proceedings and other simultaneous proceedings for the harassment. 

In order to do that, you have to start making a few preparations. Keep all the evidences safe with you. Save all your call recordings, messages, photos, medical reports, medical prescriptions, bills, gifts exchanged etc. If possible recordings of the cruelty. The idea should be to collect everything in order to prove your case and counter his possible allegations against you. All these evidences will help you immensely in the investigation and trial. 

The custody of child is usually given to mother if the child is less than 5 years old. In your case, since your are financially stable, it is highly unlikely that the court will grant the custody to the father at least for the first five years.  Thereafter, the custody depends on several factors like: Financial status of parent, wish of child (plays important role), morals of parent, atmosphere of the house/place where child will stay, ability of parent to take care of child, education of child etc. As long as you satisfy the court that all these aspects are taken care of and that you are a better person than the father to take care of child, the child will stay with you and the father will get visitation rights.

There is no such judgment to follow unreasonable demands of the in-laws. All that is expected of a daughter in law is to stay with the in laws and perform her obligations towards them reasonably. The law is not expecting you to be a servant of your in laws. 

Consulting a psychiatrist does not mean you are of unsound mind. Please do not worry, the fact that you are working woman is in fact a strong factor to disprove his claim.

 

 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

Reply to follow up question:

In no circumstances whatsoever, can he claim more money than you are earning. Even if the custody of child is given to him, he can only claim a reasonable amount towards the maintenance of child. As it is the joint liability of parents to maintain the child. 

Anyway, the possibility of him succeeding to first obtain custody and later, claim money is very less.

Do not worry, your husband is trying to intimidate you by displaying half-knowledge of law. 

If you intend to take legal recourse, I suggest you to take a detailed consultation from me or any other lawyer through this forum in order to prepare a strong case right from this stage.

Hope this answer helps.

Best wishes.   

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

No.

Custody will remain with u.

He cannot claim anything from u.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

He cannot have a penny from you. He has an obligation to maintain you and not vice versa.

For custody file a case in the guardians and wards court.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

No he cannot.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

He can ask but he will not get it from court. Yes he can claim money for child support from you as your share for the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. Since your husband is not ready for mutual consent divorce you can unilaterally file petition for divorce on the ground of cruelty.

2. Your husband cannot demand money from you, but under Section 24 of HMA he can seek litigation expenses from you. You too can seek the same from him.

3. Apart from litigation expenses you can also seek maintenance from him for yourself and your child.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. No you are not bound to follow every thing in your matrimonial home rather the judgement says about residing with parents of husband.

2. No one can prove anyone mentally sick just by reports of some psychiatrist.

3. You should file divorce petition and maintenance case against your husband to claim monthly maintenance for yourself and your daughter.

4. No your husband cannot ask for any maintenance from you in any situation untill he is physically or mentally unfit to earn money for himself. 

5. Custody of your daughter will remain with you due to her age. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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