File fir divorce on grounds of mental cruelty
seek interim maintenance and alimony from husband
you can also file DV case against your husband seek protection order, maintenance and compensation for mental torture undergone by you
Harassment by in-laws and brother-in-law and his wife
Hi All.. Im been married since 11 months but my life is not like as a newly married couple. My husband dont defend for me or stand against the abuse and harassment by his family he standin watching since 11 months but now im in a situation to divorce but he says he loves me but once he fought with me and went to his native jus 2.5 hrs but he said he will be back to hme in 30 mins and asked to cook... i cooked and waited whole ni8 without food and sleep but he didnt return.... i got scared i called complete ni8 100 times no response or msg i went in 2 wheeler 105 kms to check if he went there he was sleeping there but i was in angry as i was in panic whole night i jus asked him he didnt answer i jus pulled him crying he didnt answer so in anger jus pulled him and slaped him in anger as i was scared so entire family without asking why i aas fightimg his mother and brother came to hit me and his brother hold my hand and started threatening to go out saying in standing in his house infront of his family members and my husband watching to save myself without hurt to tried to released my hand and my brother inlaw wife started to abuse she will slipper me if i touch his husband... how will i release my hand from him without pushing.... my husband is elder and my brotherin law is younger who is married early before 3 yrs has 2 kids... my mother in law hates me but she dont show it but give mental torture by making my husband staying away from me everymonth he fights and go to native and stay to teach me lesson so that i dont question him if he booze or if his family abuse me she blames me and support them always even if he know they are wrong and lies... from many months i stayed without food inspite of i started cooking right nxt day after marriage i cook all 3 times but my co sister started to empty the vessels and keept nothing many days and i asked my husband and MIL they were not ready to speak to her for this behaviour and my husband clearly said he wont wuestion his family wat ever they do you have to adjust... becaz of this i came to my home even my husband booze and hit me in stomach wen i was pregnant and i came to my home parents home. Now my parents are calling my husband parents to speak to everything they saying they wont come or speak and they dont want other people to interfere or answer them. They even threatened me not to tell outside anything and to relatives and not to speak to relatives... my husband cannot stand and speak for his wife. So entire family lieing and blaming on me. Im scared now there parents telling they dont need me but my husband want to live with me. But im not ready to live with him he never defend for me and stsnds watching letting sll speak and harass if something happens to me in future his parents will not answer or take responsibility... please help me what to do
Asked 1 year ago in Family Law
Religion: Hindu
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7 Answers
It seems that your husband is not ready to take responsibility and is not interested in defending you. Therefore you should talk to him clearly about your grievances either directly or through a friend/relative.
In case he doesn't mend his ways then file a domestic violence case against him and his family.
Your written submissions are showing that you are subjected to cruelty from your husband and his family members.
- 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. .
-Hence, you can take legal action against the husband and his family members to teach a lesson to them , if he not agree for a divorce as per your wish.
These appear to be developments of trivial issues.
Your husband may not try to stop his parents while they were abusing you, but it does not mean that he do not care for you.
You should not show your emotional outburst due to which you will be portrayed in a bad light by his family members.
Well, you can first issue a legal notice to your husband asking him to take you back and set up a house outside his parents house so tht their interference in your family affairs can be avoided.
If he is not responding properly or if he is not interested to continue the married life with you then based on the developments and the circumstances you my decide whether to continue this marriage or to file a petition to dissolve the same by a decree of divorce.
But you may have to wait for one year to be completed the marriage for filing the divorce case.
You can proceed with domestic violence Act and other provisions of law against them in court
Dear Client,
You can file a divorce case on the ground of cruelty and also ask for maintenance for yourself and your kids.
Hello Madam
Just read over your post. it basically required detail conversation over zoom meeting or phone conversation for your every answer. If you really want to amicable solution contact me. You can book appointment herein.
Regards
G.L.Soni
Advocate
25, Supreme Court of India
New Delhi.
