I am very depressed and sad bcz of my husband n inlaws. In the beginning my husband convinced me by chats on fb to marry him since I said no to the family it was arranged and I liked smone else. After smtime he did all tantrums to convince me. They took 7 lakhs as dowry too. After my marriage I came to Bangalore. Not even 10 days of marriage he started abusing me n raising hands for small things . he dint wanted me to interfere in his personal financial or even to house related matters. Abused me mentally I was down. In front of frns n all also he insults. Finally on Feb I left home got a job n lived in pg till July. He never cared to get me back. 2 times my parents took me der but he did d same in 1 or 2 days I hv to leave. Everyday I hv to travel 50 km to Ofc frm his house but he never cared.never helped me wd money. In July third time I went but agn he did the same.n I left pg so I started living in uncles place left job due to everyday tension. Now it's 8 months Dey r not paying any attention for counselling or anything dat can make d Marge work and asking divorce. I waited so long in a hope it will be fine but now my family want me to do case.and telling try again go in his place den if he do anything can go n file FIR in same area.But I dnt want to go now to him case is OK but going der nt. How to move ahead so they can realise . my mental peace is gone suggest me if I can get maintainance n divorce n respect for whatever happened n they will b punished. They hv spread everywhere abt me that because of my past relation dis happened I still hv affair all lies n rumors m nt able to survive.plz help.
1. The matter is really worsening they should be warned of the consequences of their actions.
2. Though on the basis of your version criminal case u/s 498A IPC can be filed on your husband and in laws but that may result in breaking of marriage.
3. Hence I would advise you to file case under PWDV Act praying for maintenance. This would be warning of sorts so they restrain themselves from indulging in further illegal activities and your marriage may not also be broken.
First thing you should note that while posting a question kindly do not use the sms language because it will not convey the actual meaning of the contents what you want to convey seeking clarification, sometimes your question may indicate some other meaning leaving you with a misguided information from thelawyers attending your query.
Well, you have not mentioned that whether one year period after your marriage was solemnised is completed or not?, if not then you cannot file divorce case in such grounds.
However you can file a maintenance case under section 125 cr.p.c.seeking monthly maintenance from him along with an application for interim maintenance too,and also can get his salary attached if he is not paying the interim maintenance as ordered by court.
You can file a domestic violence case against him seeking residential rights and protection to your life from him during your stay at the residence he provides you as per court order and you can also seek maintenance in the same case from him.
If his tortures are beyond tolerance, you may lodge a criminal complaint against him in the local police with the ingredients comprising cruelty and dowry demand harassment.
Thanks. Is it necessary to file FIR in the same area police station and since m staying in other place for some time will it be considered directly filling going that area police station without going back to him.
You can file FIR in your area also and if police starts the case then police can go to him in his place and take action.
Since he will have to fight the case in your place/city that would be additional pressure upon you.
FIR at the first stage is not advisable as it may break your marriage for ever. rather file maintenance case first under PWDV Act.
1. You can file for divorce on the basis of cruelty.
2. You may also sue him for maintenance as it is his duty to support you financially.
3. You may also file a case for domestic violence against your husband and in-laws to claim heavy compensation for the domestic abuse suffered by you.
4. A criminal prosecution by filing a FIR for dowry harassment and assault can also be launched.
The FIR can be filed by you in the police station nearest to your matrimonial home.
It will be more effective if you lodge a complaint in the police station falling within his residential limits. If the police is not able to locate him in his house, you may guide the police to his office location and get him arrested in the office itself. If the police is lethargic or not responding properly, you may approach the City Commissioner of Police, Infantry Road, Bangalore with a similar complaint seeking his direction to instruct the concerned police to expedite proper legal action against your cruel husband and get you relief.
1. It was a mistake to marry him when he claimed Rs.10 lakhs dowry for marrying you,
2.However, you shall have to collect irrefutable evidence of his torture on you,
3. Visit his place and stay ter as much as you can and collect all evidence of his cruel acts specially torture for dowry by audio recording the same,
4. Collect his income details, Bank a/c number, I.T return if possible,
5. After that leave his house and lodge a police complaint u/s498A of IPC. it should be well planned before hand,
6. After lodging the said police complaint, file a DV case also claiming ad-interim maintenance showing evidence of his present income,
7. Finally file a divorce suit against him on the ground of cruelty claiming compensation.
1. You shall have to file the complaint at thepolice station having jurisdiction on the area where cause of action arose i.e. cruelty took place,
2. I have suggested you to go to his place to collect evidence for he lastb time since you won't get the opportunity to collect it again,
3. You can also lodge the said complaint by sending the complaint letter by speed post under copy to S.P. duly keeping the postal receipt and track record of delivery,
4. If police fails to take any action you can file an application /s156(30 praying for a direction upon the police to investigate and act based on your complaint,
5. If police still refuses to act, file a Writ Petition against police inaction.
Can I claim for maintainance while working also? I read somewhere that only if girl is not able to support herself or do job then only it will be considered. In that case do I hv to sit idle for getting the relief ?
No you cannot if you are working and earning. You have to sit idle to claim it, albeit you can claim compensation.
1. No, Employed women are not entitled to maintenance from their husband unless their income is much less the income of their husbands to maintain life as per status similar to that of their husbands,
2. As per the Act, a wife's status should be maintained as per the status of her husband.
You apply for maintenance but without disclosing your employment and income details and furnish false details about your income and economic status then you are liable for a perjury action if the statement is made on oath before court.
In that case do I hv to sit idle for getting the relief ?
What is the relief you want from him, monetary relief, right?, once you are already employed and drawing a handsome salary how do you think that you are still under stress due to need of money? You already possess the desired relief by way of your salary income, so what else is the application for?
Mr kalaiselvan first of all let me clear it to you your way of replying is very rude and next as if now I have left job n unemployed but am a girl who has the ability to work in future. As its been told to me by respected lawyers that I can ask for maintainance due to living separate this doubt came to my mind and hence asked what can I ask for and in which circumstance but this is the second time am observing a difference in your reply. We need your help because we dnt have idea so please dnt misunderstand or judge someone. Tanku so much for your replies and sorry I mentioned relief in my question.
Who so ever you are, I care a damn of you, I cannot give a reply appeasing you, I can give my opinions which are legally right. Dont expect lawyers to be slave to you just because you have paid to seek their consultations. Do not under estimate lawyers and dont expect a reply suiting to your taste from all the lawyers. When there is a question before me seeking my opinion, I cannot give a misguiding opinion or suggestion just because it makes the author happy. The truth will be bitter but one should be prepared to accept the bitterness when he/she was the root cause for their own bitterness. I m least bothered about your opinion or rating about me, I know about my caliber and I need not deviate my track for somebody's sake. You dont even deserve to address me.
1. In the given circumstances, certainly you can seek relief from the Court,
2. You are entitled to maintenance from your husband if you are not employed.