I am forwarding the law against harassment of wife by husband and his family. You will know all the law that is in your favor. Make use of whatever is required for you.
You have many options. Law is in favor of women. They are doing this because you are tolerating it once you enforce your rights they will realize their mistakes and mend their ways. Following remedies are available to you…
- Under Domestic Violence Act, 2005—
- You, any relative or friend on your behalf or an Advocate engaged by you can submit an application to the Magistrate or police. A notice will be served on husband and he will be asked to attend the court on a particular date. If he fails to attend court, he will be arrested by police and brought to court. You can obtain any or all of the following orders…
- Protection order prohibiting husband from—
- committing any act of domestic violence;
- entering the place of your employment;
- attempting to communicating with you;
- selling any assets, operating bank accounts or bank lockers held jointly by both or singly by husband including streedhan.
- Residence order. Police will force your husband to give shelter in the shared house and restrain him from dispossessing you.
- Monetary reliefs:
- To meet the expensed incurred and losses suffered as a result of domestic violence;
- Loss of earnings;
- Medical expenses;
- Maintenance for wife and children;
- Lump sum payment.
- Compensation: compensation and damages for injuries, including mental torture and emotional distress.
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Code of Criminal Procedure, 1973, Section 125: you can obtain monthly maintenance for yourself and child. Employed or not, earning or not he is bound to pay you and yoru child maintenance. -
Indian Penal Code, 1860: You can file criminal case under Section 498A if there is cruelty or demands of dowry for which punishment is imprisonment upto three years. - As per Section 6 of Hindu Minority and Guardianship Act, 1956, custody of child below five years will be with mother with visiting rights to father and custody after five years of age will be father with visiting rights to mother. Though this is general rule, this is not fixed law, in special circumstances child above 5 years especially which the child is girl custody is given to mother with visiting rights to father.
- If they are not giving your belongings, you can file case against them under Section 406 of Indian Penal Code, 1860 for criminal breach of trust for which punishment is 3 years.
It is not easy for him to get divorce, unless you agree. If he files divorce he has to pay of alimony running into hefty sum.
It is strongly advised that you should…
- secure your ornaments by obtaining order, not to operate bank locker and bank accounts under Domestic Violence Act, 2005.
- Restrain him from house transferring as the same belongs to you son.
You can file a case under Section 19 (b) or (d) Domestic Violence Act, 2005, under which Court will order police to take to the matrimonial house and keep you there. Court can also order husband not to enter within 200 meters of house. If he obstructs you, police will arrest him.
They might have file FIR under Section 312 of Indian Penal Code, 1860 the offence of causing miscarriage. You need to fight the case on merit but at the same time you need to use the law that is in your favor against them. Only then they will come to terms with you.
Pending case, it is not possible for to get police clearance. But by the time you clear the mains, you might come out of case clean. If the case goes against you, though there is very remote possibility, you may not get police clearance. That is factual situation.