Course of action to be taken to get justice in marital discord
I am in very much need for your assistance as I am suffering a lot in my my pathetic 2 years of my wedlock.
1. Got married on 14 feb, 2014 in Chandigarh (My MIL and FIL resides) and Hubby lives in Delhi.
2. Thing not working since very first day of my marriage.
3. Husband and his family complete mama’s boy, rich, arrogant, very rude and only son.
4. Took me to London for Honeymoon where only 205 love and 80% ill treatment(Verbal cruelty, insult, say me non-sense ,illiterate, ill-mannered, immature, no dressing sense).
5. He is Sr. manager earning 17 LPA and me in HR in Pvt company earning 20 k PM.
6. Do not pay me anything, even take everything from me also.
7. I fall sick due to his behavirol and mental torture in the month of may 2014 and dignosed with Brain TB(Due to stress, hypertension, malnutrition ) completely curable and Pregnancy.
8. He and his mother visted so many doctors to get the baby aborted but they failed
9. He took me to Fortis for treatment and his parents urged him to leave me home saying she need attention and care , he did the same saying she need care and she full attention. I took 1 month sick leave and mediclaim from my office.
10. He visited me on Sunday till july 27, 2014 but speak only little with me spend 2 hrs with me and then go back, besides this no phone call, no monetary support , no help.
11. All medicine, doctors visits are with my parents.
12. When I joined back office in the month of June 2014 after recovery, I insisted him to take me back home for which he gave me several excuses so that he cannot take me home and I got intention that he will never take me home.i resigned from my job with tha hope to go back to him as he said leave job first but after I stopped working he stopped all means of communication with me and ignored me like anything,no watsapp, no call, no message response .
13. When I messaged him 1000 times he messaged me in very rude manner that don’t disturb me as I don’t want to keep you with me I am fed up of you and much more and I cried a lot and informed parents, so my parents visited him to talk to hi, approached his parents to amicable settlement but no result came, my parents said all will be fine once baby born.
14. In the month of December my baby born and my father informed him and his parents about grand son they came running very next day and even I felt happy that now things will be alright.
15. But still my hubby and In laws didn’t talked to me well and only playing with baby, not concerned for me.
16. Later on feb 13, 2015 my MIL called to inform me that My hubby will come to take me back home so get ready and he will bring me to Chandigarh where his parents live.
17. I happily accepted and packed my bags and my parents were also happy that they are changed and all will be fine now as baby boy born.
18. I spend 3 month again without my hubby in an isolated room with no money, no help in taking care of baby and no support from my hubby. He visited 3 times there in Chandigarh but never talk to me, only formal talks happen between me and him and little of sex.
19. Then again his parents made a prelude to kick me and baby out of there house as am just like burden on them and wanted to get rid of me so they called there son on 29 making wrong allegations against me that I ued to fight and go out late night for walking which were absolutely wrong and called my parents and said to take me back.
20. My parents came, had a long discussion and all thing settled and my father took me on there words for 15 days and after that my hubby will come to take me back.
21. But that was my last time at that house after that they never called , message me, never picked my call.
22. So on day after 20 day uninformed me , with my parents and son went to my hubby house to live there but he made excuses that he is looking for some other house and will take her after some time once shift to other home in 15 days, but that day never came.
23. I messaged him so many time to take me ad 15 day also passed, when no communication so we approached his maternal uncle, his close friend but all our efforts failed , Then again I with my parents went at his home and this time he didn’t allowed to enter his home and when forcefully we manage to get inside he escaped and this was first time I called police and police tried to call him but he didn’t responded.
24. Then with police and neighbour knowledge we get to know that he is in very deep affair with a very affluent lady(40 + years of age) with 3 children and hubby live mostly outside , used to visit him almost every day and night and love each other from 2008, that’s why he don’t wish to keep me and baby and also he cleary mentioned that he will never ever bring me back. All his parents, mamaji anf friend know about it and it was just a so called marriage to bring a maid in the form of DIL to live at parents house in chandigarh and let son enjoy his life life before, they never loved my son and me and only tortured both of us.
25. My hubby is ever partner with that lady in her running business. And my hubby is greedy and lusty.
26. We Complaint in CAW cell Srinivas puri, mediation failed, when time came to file FIR now IO is saying not file any FIR and seems like IO is being compelled to say like this as earlier he was in our favour and even he know that he is wrong everywhere and having deep relation.
27. So kindly advise me what to do , what action can I take to give him a lesson.
28. I don’t want to give him divorce, I am maintaining me and son alone with very less money and other things , only old aged parents and 20 k salary even that too am in danger zone and have to leave job as baby need me full time.
29. Kindly suggest what course of action can be taken to get money, shared accommodation or separate house to take care of me and baby.
Please assist me with all legal aids available to be to punish them and get my dignity back.
Thanks in advance
Asked 2 years ago in Family Law from New Delhi, Delhi
The CAW cell police do not have authority to go beyond certain extent in the so called allegations of adultery complaint against your husband. Actually an adultery complaint can be given by the husband of your husband's concubine against your husband, the law is very clear about it and the provisions of IPC 497 can be read.
You can give a complaint for the offences relating to matrimonial cruelty under section 498a and criminal intimidation under section 506 besides section 406 IPC and for cheating you under section 420 too.
Besides above police complaint, you can also file a DV case seeking reliefs of protection, residential rights and interim maintenance. You can also file a maintenance case under section 125 cr.p.c. for both yourself and your child, in that you can mention that you were forced to resign your job by your husband and his family members and now you are not able to find any employment owing to long discontinuity.
You have lot of reliefs through law but you have to engage a good and experienced lawyer who will be able to guide you properly on all such different subjects for fetching you the desired reliefs.
1) file for divorce on grounds of mental cruelty seek maintenance for your child and custody
2) also file DV case and seek compensation from
Mental torture , maintenance and other reliefs
3) yiu can also file 498A case for continuous acts of cruelty
1. You have to decide what you want. Since you do not want to end the marriage through divorce you can file a case for domestic violence against him to claim compensation for the violence which you have suffered thus far and also alternate accommodation for yourself at his expenditure. This apart, you can also file a case for maintenance for yourself and your son.
2. If police is not registering the FIR then you can directly file the criminal complaint in the court which can order registration of FIR.
Well there is no point in returning to this fellow unless he reforms himself.
Rather to bring them to books you should file case under section 498a,406,323,120b ipc.
File a case under pwdv act as well for claiming maintenance and for residence order.
1. File FIR against your husband and inlaws for cheating you and also for dowry harassment u/s498A,
2. Also file a DV case claiming separate accommodation and maintenance,
3. It is a bad marriage and do not spoil rest of your life in taking revenge on your useless husband,
4. Negotiate with him for mutual consent divorce after compensating you with substantial amount for your and your son's maintenance for the rest of your life,
5. If he refuses to sign MCD petition, file divorce suit with the above claim and get rid of him.
Dear Smita Verma
immediately contact DCP Caw Cell and registered the FIR against them u/s 498A/406/34 of IPC.
apart from the above, immediately file a criminal complaint against them before magistrate u/s 12 of Protection of Women from Domestic violence Act-2005 along with section 18,19,20,21 & 22 of Act and claim protection, right to residence, monetary relief, child custody and compensation.
you may also file a maintenance case against him before family court for yourself and for your baby u/s 125 of Cr.P.C.
Feel Free to Call
Advocate, New Delhi