• My husband tortures me mentally and physically

I was married in november 2014. i am 24years old i am from mumbai and he is from uttarpardesh west.
It was an arranged marriage. 
I had a kidney stone operation earlier because of which my hymen was damaged before my marriage. 
My parents  informed this to my husband before marriage about my surgery.
In spite of that since our first night my husband is suspecting me of having had intercourse before marriage he is not ready to believe me in any case . He wants me to tell him names of my past relationship n beats me n tortures me both physically and mentally if i disagree.
He suspects me of having a relationship with my cousin.. he told me to speak  to my cousin and heard the conversation, than he told ok i am sorry i was wrong.
Asking me call him again and confirm if i retaliate he burns me with cigarettes and cuts me also beats me with belts .
I was not allowed to speak to my parents .. if i speak when they call on his phone he would hear it and tell me to not complain about him.
he didnt allow me to go to relative function or my parents house or talk to anyone he would monitor all calls and movements even when i used the washroom.
He has forcefully recorded my audio making me falsely confess to having affairs before marriage which he can use as evidence against me.
I hav several marks of cigarette burns and cuts and wounds all over my body.
He had also removed my naked pictures n shot videos with which he blackmails me to obey him.
I am right now at my mother's house my father bought me from there.
 and am seeking help and guidance for my good future life with him or to punish him very severly .
my parents is upset seeing me and cries, now they dont want me to go there again.  they hav expand a lot on my reception.
Asked 1 year ago in Family Law from Navi Mumbai, Maharashtra
Religion: Other
1. Do you see a future with him, is something you have to decide. Either you can live with him, or you may have punished severely for what he has done to you. Both phenomenons cannot go together as they seem to be mutually destructive.

2. If you wish to live with him without suffering any further violence, physical and mental, you may file a case of domestic violence to obtain a restraint order against him. The restraint order would be a specific judicial mandate by the court to your husband to cease further violence against you, failing which he can be jailed.

3. If you wish to have him punished then you may launch his criminal prosecution for assault and causing hurt. This apart, you can also seek heavy compensation from him for the violence which you have suffered.

4. You are also free to file for divorce on the basis of cruelty against him.

5. Medical can be done now but it may not please the court as it would be belated. Your oral statement, unless rebutted by him, should suffice.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
1) you will have to file 498A case against your husband for  acts of cruelty

2) since offence had occurred in UP complaint has to be filed in local police station within whose jurisdiction offence has taken place

3) you can also file domestic violence case against your husband and seek alternative accommodation , maintenance and compensation for mental torture undergone by you 

4) thje domestic violence case can be filed wherein you are residing 
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
where you live with him after the marriage?
Admit a hospital if you have viable cuts and wound on body. At the time of admission say the doctor about chest or abdomen pain due to the harassment of husband and also show the cuts and wounds . This records can use in future. Then File a 498a petition before Magistrate court, where the incident happened .Wait up to the competition of one year after the marriage for filing divorce if needed .If he use the reordered voice ,take a contention that it created him by forcefully and using threats to life.  
Ajay N S
Advocate, Ernakulam
1914 Answers
19 Consultations
5.0 on 5.0
1) your affairs before marriage are immaterial . even if your husband has recorded your confession he cannot file any case against you 

2) your husband is at liberty to file any case he deems fit 

3) in any case you can file domestic violence case against him and seek maintenance and other reliefs from your husband 
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
1. Admission of affair made before marriage has no value. So you have nothing to worry on this account.
2. If you produce witness to prove that you were assaulted then those are enough. Medical evidence if any would be added advantage.
3. You can not restrain him from lodging false cases but those if filed after your case shall have no merit.
You have a strong case.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
It is another case of a sadist harassing the weaker sex.  
Such stupids are unworthy living in this world.  They not only spoil their own life but also become gutter cockroaches to spoil the human community itself. They need to be punished severely.
The so called confession statement in his possession is of no use and he cannot use them against you as an evidence.  
You should immediately complain with the police in your place also to book him for the offences of cruelty, outraging the modesty, criminal intimidation and all other related offences. 
You can also file a domestic violence case seeking protection and maintenance.
He will not dareto file any false case because nobody will listen to him.
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
1) i had already advised you to file 498A from Up wherein offence has been committed 

2)n you can however file domestic violence case from navi mumbai wherein you are residing 

3)you can obtain medical report as to nature of your injuries 
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
The Mumbai police cannot say that they cannot register a case in Mumbai for the offences that took place in Uttar Pradesh.  If they still refuse, you may file a private complaint with the judicial magistrate court seeking its direction to police to inquire and investigate  into the matter.  There are provisions in law to do so especially when there is no safety for your life if you have to travel to UP to lodge a complaint at his place. 
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
The cause of action done at  UP so mubai police told like that. First you have admitted in hospital in mumbai  and told you had  chest pain due to beating of your husband and also shown the cuts and cigarette burns to doctor.Then try to send a report from hospital to police station and try for taking a case against husband .If the police refuse,then you may file a private complaint before  judicial magistrate court seeking its direction to police to inquire and investigate  into the matter. 
Ajay N S
Advocate, Ernakulam
1914 Answers
19 Consultations
5.0 on 5.0
1. Your confession in his possession is a trump card for him which he can use to rebut all your cases and also to seek compensation from you.

2. Your oral statement in the court chronicling the incidents of cruelty is as good as a medical proof.

3. If he files a case against you the court will give you an opportunity to enter defence to contest it on merits,




Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
1. Navi Mumbai police is wrong. The case for domestic violence and his prosecution for assault and hurt can be launched where you are residing.

2. If the police does not register the case then you have a better legal recourse i.e to file the case directly in the court.

3. A medical certificate cannot be issued after 3 months of incident.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0

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