Married in Jan 2013. In December 2014 we got a son. I am work from home professional. My mother-in-law told me to leave job to look after baby. But I got a maid and continued working from home.She started troubling me, continuously taunting me, not allowing me to close bedroom door to work, shouting to wake the baby so i cant work (the house were we were staying belongs to mother and elder brother). When i told my husband he said what can i do, it is your problem. This was not first time his mother was troubling me. Before also it happened many times. With the baby and responsibilities of work it was difficult to manage. After 2 months of continuous torture and lack of support from husband I went to my parents house. I told husband let us stay on rent. But he refused to take any responsibility saying your parents have kept you so tell them to make arrangements for you. I finally purchased my own house. I had given 5 lakh (against my will) rs to my husband to pay off his loan . When i asked for my money so that i can buy house, he said he will not give and said take from your parents. With financial help from parents and home loan I brought my own house. When he saw the house he started cursing me now who will pay off the remaining loan he has taken.He also insulted that the house is a slum and my parents gave my brother 2bhk and they gave this small house to me. I realized he is doing all this to extract money from me and my parents. He is not taking any responsibility of our son. Not paying for any expense nor coming to see him nor coming to stay with us in my house. Only torturing me on the small house and saying now stay with your parents whole life. It is almost 9 months since I left in-laws house. I don't know what kind of legal charges he is liable for and what can I do? Please guide
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1) yiu can visit marriage counsellor with your husband to save your marriage
2)if you don't want to stay with your husband file for divorce
By Mutual consent
3) if husband not willing for mutual consent divorce file for divorce on grounds of mental cruelty and seek alimony and maintenance for child
4) you have not mentioned what is your husband income and your income
5) contact a local lawyer
Legal steps are many but they may in all likelihood ruin your marriage.
So if you are prepared for that then take the legal recourse.
You can file 498A IPC case for the tortures done to you. It is a criminal case and your husband/in laws can be arrested.
For the maintenance for yourself and the child you can file case PWDV Act wherein your husband will be directed to pay maintenance to you.
you try to solve it amicably by convincing your husband and if it is not suitable you file a complaint under domestic violence act before the magistrate court for your protection and other relief
Hi, if you don't want to continue your relationship then filed a petition for divorce as your husband has treated you with at most cruelty.
2. If you don't want to divorce then file a petition under DV act for residence order and also maintenance as it is the duty of the husband to maintain his wife and children so he has to pay the money to you and your child.
Dear Querist
If you want to take legal action against him and his mother then immediately file a domestic violence case against them before the magistrate court and claim protection, right to monetary relief, child custody and compensation as per section 18, 20,21 & 22 of the protection of Women from Domestic Violence Act-2005.
Apart from the above complaint you may file a maintenance case against him for yourself(if you are unable to maintain yourself) and for your child under section 125 of Cr.P.C. before the Family Court.
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You have narrated your story but have not stated that what is the relief you expect and what advise or opinion do you need the lawyers here to suggest you.
However i will be too early to form an opinion about your husband because nowhere you have stated that he tortured you or had ill treated you, you just blame that he needs money from you and he never spent any money on you.
If he is not seem interested in continuing the married life with yo anymore, you may ask to him to be frank about that and decide if he is ready to give divorce on mutual consent, or if he is needed to be made alright, he may be given a treatment through a marriage counselor advising to put him on a right track.
If he is arrogant and keeps torturing you even mentally, you may plan to file a DV case against him. If he persistently demands money from you, better warn him to stop his such activities or else he may face dowry harassment offences.
Consult a local advocate and take advise in person.
1. Legally speaking, he is not liable for any criminal charges as there has been no harassment for dowry.
2. The only remedy available to you against him and his mother is to file a case for domestic violence to seek a protection order to reside in your matrimonial home without suffering further domestic violence. You can also claim maintenance for yourself and your son from your husband. You are also at liberty to file for divorce on the ground of cruelty.
