1. Since you have sufficient evidences of mental torture inflicted upon you by your husband and his mother, complain against them under the prevention of domestic violence act.

2.  If your husband and in-laws are torturing you for dowry, complain against them U/s. 498a.

3.  If you have not yet decided to obtain divorce, file for Restitution of Conjugal Rights, if your husband has abandoned you.

4.  In case you have decided to get rid of this relationship, convince your husband to agree for Mutual Consent Divorce which saves time and money and all the problems can be resolved mutually, which can be beneficial to both. In case you opt for contested divorce it takes more time and money.

Hello, 

1. You can file a complaint of domestic violence against your husband and mother in law on basis of facts you have narrated. This is a complaint under which you can seek restraining order against your husband, seek protection, residence and maintenance. 
2. If you do not wish to continue in the marriage, you must file for divorce on grounds of cruelty. 

File DV case against your husband and mother in law seek alternative accommodation, maintenance and compensation for mental torture undergone by you 

The audio and text messages are not admissible evidence in court of law. 

However if you have decided to dissolve the marriage by a decree of divorce,  you may file a contested divorce case on the grounds of cruelty. 

You may have all these issues framed as pleadings in your divorce petition and prosecute the case properly. 

Hi, If you don't want to continue your relationship with your husband. It is better both of you go for mutual consent divorce. Filling complaint will not help you.

- Your written submissions are showing that you are subjected to cruelty from your husband and his family members.

- Hence, before thinking about divorce , 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. .

- Hence , you can file the above cases against him legally , then he will himself pray you to forgive him , and the cases will not finish until you will decide for the same. 

You can connect me , if further advise needed. 

hello madam

for sure you should file the complaint such persons and take divorce. staying in such a person of sick mind. rather a family of sick minds. 

your evidence is sufficient to punish them however the lethargic system will take a lot of time in it and therefore it will add a ground for your divorce as they will be pressurized to give divorce to you and you will be free to enjoy your life again. 

I may not sound legal advisor however i see such crimes in society and when i see people in such problems, i try to add social advice  to my legal advice. contact me if you want further advice

good luck

1. You can file a divorce suit against your husband on the ground of cruelty [roducing the evidence in support of your allegation.

2. You can also file a Domestic Violence case against your husband and MIL producing evidence which you have already saved.

Then first approach him for mutual divorce in lieu of permanent alimony. 

If he doesn't agree then you are free to file case for maintenance apart from filing case under section 498A IPC. 

Thereafter file contested suit for divorce. 

Divorce allows a person to break free from an onerous marital relationship. But since marriage is not merely a contract but a very important societal institution. The law has an interest in protecting marriage, and not allowing it to be severed only by choice and on ordinary wear and tear.  Since society in countries like ours takes special interest in protecting it – In our country to get a divorce one needs to prove certain grounds for eg : cruelty/adultery/desertion etc.  Known as matrimonial offences.

In your case , if you  need divorce then better option is try for a mutual divorce. Divorce by Mutual Consent is the easiest way to get a divorce, in this both parties work out their terms on which they agree to part ways- file petition in the court, which is finalised in 6 months. 

If you want to peanlise your husband and his parents then file case under DV Act

Dear ma'am,

yes, can send them a legal notice. this is truly mental harassment, and domestic violence which is punishable under DV act. you can file a complaint under Section 498A and Dowry Act. The FIR will be filed later you can file a civil/criminal case against them.

The Protection of Women from Domestic Violence Act, 2005 (D V Act) (D V Act), provides for effective protection of the rights of the women guaranteed under the Constitution of India, who are victims of violence of any kind occurring within the family, and for matters connected therewith or incidental thereto.

In domestic violence cases, issues can involve personal information that the victim may not want the general public to know. She can ask the court to not allow the general public into the courtroom when her case is being heard. The court can also decide to do this on their own.

The punishment is imprisonment for upto three years and a fine. The complaint against cruelty need not be lodged by the person herself.

Yes you can file a complaint against him if you desire to with the help of evidences

Dear Madam,

You seems to be so tensed. When most of the laws in favor married women. Why to fear. Just lodge as many cases as possible and bring them to terms. 

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PROCEDURE TO FILE DV CASE  BY WOWEN

Now the law is on women’s side, with the Protection of Women against Domestic Violence Act (2005), the Indian Law has come to realize that there are multifaceted problems faced by women in domestic affairs. This Act protects women, helps women, and also provides safety to women economically, physically and mentally. When a woman files an FIR against her abuser, she gets immediate help from the police and there is no delay in nabbing the criminal. Now, a woman does not have to go through a battery of cross questioning where her integrity is put to question, she is legally in the position of power and her needs are met first.

We tend to ignore the fact that help is needed from both sides. The abuser needs to go for psychological counseling and should have anger management therapy, while the victim needs counseling to regain her sense of self and individuality, to make her more independent and self-assured. Being an extremely aggressive individual with no control over your emotions does not have to be your destiny, it can be stopped with the application of the right methods and getting the right help.

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FAQs ON 498A OF IPC AND 125 OF Cr.P.C AS ASKED BY ONE OF THE CLIENT – MAY BE USEFUL TO YOU. 

Dear Sir,

My answers are as follows:

1. Is this not a fraud (420) case? Marriage done by honey trapping me.

Ans: You cannot bring effective criminal action against your wife but you can get divorce easily. Secondly you can initiate criminal action against that guy because he enticed a married woman.

1. Isn't my wife and her boyfriend did cyber-crime who was read my personal chats, black mailing me and forcing me to give her divorce? What legal action can I take against both of them?

Ans: The Court may or may not accept such allegations and you can make out an offence under Section 498 of IPC against that guy.

1. Intentionally wife’s parent put engagement date on my wife’s birthday date to get double gifts which I objected. I gifted watch and Sister gave gold chain as her birthday gift. Can we file 406 IPC for recovery of B’day gifts at least?

Ans: You can include as many offences as feasible.

1. It has been almost 2 years. So still can i file case? Is there any way or law by which i can file case against her, her bf and her family and get them punished for their crime?

Ans: You can file upto three years of commission of offence.

1. Can judge order for Interim Maintenance even in Sec 125? Even wife is more educated than husband and was working before marriage?

Ans: If she is earning member equal to you then Court may not award maintenance.

1. Wife filed 498a that they gave me dowry of 1 lakh INR via cheque then can I also file 498a against from my place for giving dowry which was marriage expense but girl’s family saying it was dowry?

Ans: You cannot file dowry case because it is settled by the Supreme Court that such cases should not be accepted by husband side.

1. Lower Court has removed my Sister and Brother in law name. Can they file any case against my wife ? Like defamation case from their local court?

Ans: They can file defamation case against your wife under Section 499 and 500 of IPC.

1. After winning a false case filed by Wife then can claim the recovery of loss of money in litigation, travel, loss of pay from company, Trauma caused?

Ans: Normally such suits ended in dismissal.

1. If judge has summoned me as I see in Court order but never received summon then is it possible for wife to get 498a summon disappear so that opposite party never receive? How to find that if that has happened? Any legal action can be taken?

Ans: You can engage advocate and get appropriate records.

1. Can I file case as per law of tort? Is it applicable in Indian Law to recover all the loss?

Ans: In India law of tort is not being used regularly and in only exception such compensation may be granted.

1. Adultery i.e. 497 has been scrapped by SC then can I still file civil case for recovery of loss money?

Ans: Supreme Court says you cannot file such case but it will be a ground to get divorce immediately without alimony to wife.

1. If 498a declared false, then 125 will also be declared false on basis of false 498a case?

Ans: It all depends upon evidence produced by you before you Courts.

Dear Sir,

My answers are as follows:

1. Is this not a fraud (420) case? Marriage done by honey trapping me.

Ans: You cannot bring effective criminal action against your wife but you can get divorce easily. Secondly you can initiate criminal action against that guy because he enticed a married woman.

1. Isn't my wife and her boyfriend did cyber-crime who was read my personal chats, black mailing me and forcing me to give her divorce? What legal action can I take against both of them?

Ans: The Court may or may not accept such allegations and you can make out an offence under Section 498 of IPC against that guy.

1. Intentionally wife’s parent put engagement date on my wife’s birthday date to get double gifts which I objected. I gifted watch and Sister gave gold chain as her birthday gift. Can we file 406 IPC for recovery of B’day gifts at least?

Ans: You can include as many offences as feasible.

1. It has been almost 2 years. So still can i file case? Is there any way or law by which i can file case against her, her bf and her family and get them punished for their crime?

Ans: You can file upto three years of commission of offence.

1. Can judge order for Interim Maintenance even in Sec 125? Even wife is more educated than husband and was working before marriage?

Ans: If she is earning member equal to you then Court may not award maintenance.

1. Wife filed 498a that they gave me dowry of 1 lakh INR via cheque then can I also file 498a against from my place for giving dowry which was marriage expense but girl’s family saying it was dowry?

Ans: You cannot file dowry case because it is settled by the Supreme Court that such cases should not be accepted by husband side.

1. Lower Court has removed my Sister and Brother in law name. Can they file any case against my wife ? Like defamation case from their local court?

Ans: They can file defamation case against your wife under Section 499 and 500 of IPC.

1. After winning a false case filed by Wife then can claim the recovery of loss of money in litigation, travel, loss of pay from company, Trauma caused?

Ans: Normally such suits ended in dismissal.

1. If judge has summoned me as I see in Court order but never received summon then is it possible for wife to get 498a summon disappear so that opposite party never receive? How to find that if that has happened? Any legal action can be taken?

Ans: You can engage advocate and get appropriate records.

1. Can I file case as per law of tort? Is it applicable in Indian Law to recover all the loss?

Ans: In India law of tort is not being used regularly and in only exception such compensation may be granted.

1. Adultery i.e. 497 has been scrapped by SC then can I still file civil case for recovery of loss money?

Ans: Supreme Court says you cannot file such case but it will be a ground to get divorce immediately without alimony to wife.

1. If 498a declared false, then 125 will also be declared false on basis of false 498a case?

Ans: It all depends upon evidence produced by you before you Courts.