What legal action can be taken, bow are highlights of the complete picture. 1. Marriage carried for 20+ yrs 2. Husband got kicked out in 1st year after marriage by his own family. 3. Nothing was allowed to take away with them including dowry/gifted items. 4. Wife got tortured from all kind of inhuman & psycho actions 5. They have 2 daughters, elder is already got trapped into fathers nature while younger is still intact. 6. Few recent events are as below 7. Wife went away with both daughters to her family. 8. Husband manipulated younger daughter to take his side to run away, then in return took her side to provide a way out to marry her friend 9. Friend is himself from criminal background, no good present/future & already tried marrying her before she was 18. Also had her pregnant in past. 10. To return favour, father had her daughter file an FIR for the mother friend who helped mom in difficult times. 11. Mother tried to convince daughter to understand impact on her false FIR, she agreed & submitted affidavit. 12. Having tried all this, wife again went back to resolve issues as this is the only prescription from society. 13. Husband till now acted like he is helpless, sick, & will suicide if she don't return. 14. On return, he responded totally opposite, created violent scenes, 1 night locked her out, landlord also takes husband side & all being violent against wife & anyone helping her. 15. Next day all relatives of wife went their & filed a complaint for last night actions & declared no relation with husband going forward & no liability from his any action & that husband is dangerous to her & her relatives. 16. Meanwhile daughter is just busy in demanding lavish marriage, totally Insta girl, she is all fake on insta & nothing matters to her in real life. She has a good score of doing mistakes, then being sorry later. Just like her father. 17. During these recent events past 2 months, husband didn't have a penny, called all the relatives to fix his marriage, defaming his wife everywhere who doesn't know her. 18. Husband is capable enough to debate with all the crowd. No stand on any of his word. No fear from law & justice. Lives in "Men is god for wife" psychology & can do anything to wife & wife has to live with it. 19. Husband taught his daughter to steal, speak ill of mom & get rewarded, get favour in return of favour philosophy, no filter of right & wrong 20. Police is always helpless in such matters that these are court matters & they can't take any action except to scare him, which also they are unable to do. Conclusion Husband & daughter are psycho. Ask What can the lady do ?
It seems that the lady waited and was tortured for a very long time before she has decided finally to take a stand.
She should file a domestic violence case against him immediately.
An FIR against him for criminal intimidation cheating grievous hurt.
A maintenance application against him for monthly maintenance.
A divorce petition demanding divorce on grounds of cruelty and desertion and abuse.
Wife should file DV case against husband seek protection order , alternative accommodation , maintenance and compensation for mental torture undergone by her
2) she can also file for divorce on grounds of mental cruelty
3) seek interim maintenance and alimony from husband
1. The lady can file a petition for dissolution of marriage on the ground of cruelty under Hindu Marriage Act.
2. If the daughter is a major and she wants to be on the side of her father then there is nothing that mother can do except to let her decide how she wants to live her life.
3. Lady can also file a criminal complaint under Section 498A for cruelty and get the FIR registered against her husband.
There is no point in the lady continuing her married life with such an arrogant psycho husband.
The police will not be helpful to her neither the women welfare commission.
Nobody will be able to give her reliefs especially when the husband is looking for various ways to torture her, cheat her and ill treat her to the core.
The lady can file a contested divorce case agaisnt him on the grounds of cruelty ignoring the sentimental or emotional threats that her husband is enacting in the name of suicide etc.
She may consult a local advocate and file a divorce case and stay apart from him without bothering about whatever he may do i.e., whether remarries anyone or lives with another woman in an adulterous life.
Lady can stay separate and sell restraint orders from court as well orders for maintenance in a proceeding under PWDV Act.
Dear Sir/Ma'am,
1. the lady can file for a divorce immediately on the ground of cruelty under the Hindu Marriage Act.
2. an FIR can be filed under section 498A IPC against the husband for subjecting the lady to cruelty.
3. cases can also be filed under the offences of criminal intimidation (Sec. 503,506 IPC), grievous hurt (Sec.325,320 IPC) and cheating (section 415 IPC)
4. a case under the Domestic violence Act can be filed by the wife immediately.
5. If the daughter is a major and she decided to be with her father, there is no legal remedy for the same.
Thank You
Your case reminded me of a crime patrol story.
You suffered a lot but you have to make tough choice and take decision for yourself.
- You file DV case asking separate accommodation , interim maintenance and maintenance and compensation.
- Further ask protection order in same DV case.
- Then you have to file divorce for cruelty and also ask alimony in that case.
Your written submissions are showing that the lady is subjected to cruelty from her husband
- Hence, she 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.
- Her 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 her residential right, medical expenses etc, and also for teaching a lesson to the family members of her husband, who subjected her torture & harassment, she 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.
- She can lodge a written complaint against her 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 her cruelty.
