I need advice on sepration from my husband , was married in 2018 according to hindu marriage. After 5 months of marriage , disputes started , firstly it was my mother in law who was having problem to me , My mother understands me we sort out , till date the things are not good between us , but i listen to them just because of my mom as i have 2 unmarried sister , my mom said it can impect their marriage , mother in laws do these kinds of activites we as daughter in law have to suffer and all. I understand and was used to it so was not having that much issues. But now my husband going beyond limits , shouting , scolding ,beating insult , always wants to dominate , From the day corona has arrived in India, march 2020 he has not let us ( me and my mother in law ) step out of home , according to him the atmosphere is not good , just sit safe at home , There is still same lockdown going for us , my sister in law , our relatives everyone has made him understand he misbehaves with everyone and listen to no one , he said that if sonething bad happens you cant handle this corona so better stay home , Its easy to say but very hard to suffer not even you cant go outside no one not from family can come to meet you , 2 years he didnt even allow his sister for rakhi. closed in one floor from 2020, i am very stressed from this life , every time listens his lectures , cant wear, eat or do what i want , i was working before marriage , not allowing for that , he said what's the need , and if i need something he doesnt even provide that nor allow me to work . Neither i can study further . Male fiends i already dont have , my female friends cant come but i cant even talk to them at phone , have zero friend today cause he dont like it. Me my relatives , mother , sis in law , every one has made him understand , but he never listens and fights with them also. My mother is not ready to help me she said its okey , husbands do that , take it easy and just go with the flow everything will ok soon but when ...3 years ....i am not feeling like to suffer this any more , they are not in my shoes , 24 hrs this prisoned treatment .. 6 months ago when he beats me i said i am going out of your home to my mother , he said give me my gold you have wear , my phone and get out , but my mother and his sister again brings me home back . I think that i will live sepratly and will earn and live the life . But dont know what and how to do , i dont want any of his thing but with this i dont think he will even allow me for my basic stuff also , but i want to take myphone , documents , so that i can have a job and some of my clothes , I need advice , i really dont know what to do ,but yes this is i know i dont want to live with him now.
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File DV case against your husband and mother in law
2) seek protection order,maintenance and compensation for mental torture undergone by you
3) you can also file for divorce on grounds of mental cruelty
Seek interim maintenance and alimony from husband
You can legally separate from him by filing petition for judicial separation in family court. Thereafter you can file divorce after the waiting period of 1 year.
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…
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…
If you have decided to leave the house, you may better plan the things secretly and wait for the day to come so that you can leave the house with or without his permission.
H cannot hold you back in the house if you are not willing to remain there with him as his slave.
If the situation is beyond control you may even plan to lodge a police complaint somehow.
You can take the help of police to stay at some home outside your matrimonial home.
He cannot stop you from taking your educational certificates or any other relevant document pertaining to you .
You can take the help of any Mahila association too to over come this arduous situation.
Once you are out of your matrimonial home, you can decide whether to continue this marital life or to file a divorce petition to get your marriage dissolved based on the circumstances prevailing at that time.
Dear Client,
It is the duty of husband to attend to your basic needs and keep you happy. What you described can come under cruelty which is a ground for divorce. But it is advised if possible to visit a marriage counsellor. Court will also first try for reconciliation.
You can a file under DV act against your husband and in laws for the physical and mental cruelty meted on you wherein you can seek for maintenance and residence rights in a separate accommodation.
You can also file for judicial separation or divorce on grounds of cruelty wallet brown for divorce under section 13 of the Hindu Marriage Act.
You can also file for maintenance under Section 125 of Crpc.
Good morning!
I feel sorry for you but you need to relax now.
There are many options available,
Since you are from Delhi, I would advise you to connect with the local Lawyer so that you have better understanding.
Greetings , with husbands permission and in front of him i can not go out of home , if i go secreatly he can make a false complaint that i ran away with his valuables like gold / cash , but i have no option rather then going secreatly so is there a way what can i do if he makes a complaint of this type ? Thank you
Call women police helpline for assistance
inform them that husband is refusing to permit you to leave the matrimonial home
request them to send a lady cop so that you can leave your matrimonial home with her
also file poluce complaint against your husband abusive behaviour
You should not be worried about his police complaint or any other action.
If you have decided to leave the house, you can take the step as determined, if at all he is taking any action on this, you can challenge the same properly as per law.
You should not allow such fears to prevail upon you because this will not give you strength to leave the house forever.
There is no need to go out secretly, you can file complaint online or you can call local police.
If he makes a false complaint you can definitely challenge them in court.
Prepare a detailed complaint stating the reasons of leaving house and email the complaint to police before going out. It will be proof that you have informed police before leaving the house. You have to face him, you cannot do anything with our confronting him. Also mark the email to your friends and relatives. But you don’t have access to phone or computer system. Walk out of house straight to police and submit complaint.
You can leave if he wants to file false allegations he will file it anyway
You can go for judicial separation.
Your written submissions are showing that you are subjected to cruelty from your husband
- Hence, 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. .
- If your husband not allow you to go outside , then you can instruct any person to file a compliant on your behalf. after writing all the facts.
You can contact me , if further suggestion needed.
Dear ma'am,
I am saddened to read this. The solution to your problem is two fold.
1. you need to figure out what you want for yourself and stop bothering as to what others will think as it is affecting your life, not others.
2. Step out of the house, look for a job, file a complaint at women cell, if you have been harrassed. File a domestic violence complaint and ask for maintenance, protection from your husband and family.
Hope this helps.
In case you require my assistance in the matter, i can be contacted through my google profile.
Link of the same is attached for your reference as:
https://g.co/kgs/ZMWUyY
Your kind review will be appreciated.
