• Mental harassment by husband and in-laws

I ws married lst year in july n hv a 6 mnth old daughter .. i got married to d elder son in d family who is involved in his father business but he doesnt get any money from dis . when d talk initially started my father in law told us dat he ws trying 4 d gov job n if required he will also help him in terms wid money also. dey ask 4 a car .. dezire at d time of marriage which my father denies so we gve dem 4lk Demand draft n all other things as dowry . 
after my marriage circumstances seems very different .. first my husband start asking for some money now n then as he always told me dat business is not going on well .. i always trust him n gve him as he requires .. he come drunk n start abusing me .. n it started aftr a month of d marriage ... he mentally tortures me n i also get 2 know d car dat ws bought is on d name of his younger brother ...he does not hve anything on his name not even any kind of property ... he is not MCA passed as ws told at d time  of marriage... my in laws also start mentally harassing me ... dey even start asking 4 my salary ..i ws taking care of myself financially on my own even aftr i got pregnant .. i done all d medical expenses myself . .. my husband n my inlaws  evn in dat condition harasses me mentally n sometime physically too.  he also ask me to hve a aminocentesis whch i denied . 
dese things continues aftr d birth of my dauhter .. dey were not happy wid d grl child. 
nw m living wid my parents for last 5 mnths ..
i dont to live wid my inlaws as dey keep asking fr d money n will certainly harrasses me ... 
i feel we hve been cheated .. my husband does nt care fr me n my daughter he never respect as an individual n trust me ... 
what should i do now ??
Asked 11 months ago in Family Law from Meerut, Uttar Pradesh
Religion: Hindu
Think or decide do you want to live with husband or not ?Life is always going this ways. We expect good get bad things. All the remedies are on door steps. Law will provide protection,Maintenance,shelter to a married women as well as mother.  
For dowry harassment - File a case against in laws and husband under DV Act
For physical Torture and shelter and protection - File a case against in laws and husband under DV Act
For Divorce-  file a petition under the ground of Cruelty.

Children are fragile, handle them with care. If divorce is inevitable, bitter battles cannot be the option to settle issues of child custody and access.The Supreme Court of India has consistently held that in deciding cases of child custody ‘the first and paramount consideration is the welfare and interest of the child and not the rights of the parents under a statute.Guardian and wards card are empowered to determine the issue of child custody. Mothers and fathers both have a prominent role to play in supporting the growth and development of their children. The basic opinion of the child and the mother is highly ignored while determining the custody of the child.  

 
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0
You have been tortured and harassed by your husband and your in laws.
 You have been repeatedly harassed by demanding money every time. Your husband and your in laws played fraud on you and your parents by telling lies about your husband's education and his status.
Besides all these tortures your husband humiliates you by drinking every day and even physically abusing you. Also you have give dowry of Rs. 4 lakhs in the form of DD. 
In fact your child's safety is also at stake in their house. 
All the above are clear reasons to define domestic violence offences and offences relating to dowry harassment, cheating and breach of trust etc. 
Now you have options to:
Lodge a complain against your husband and his parents for harassing you with dowry demand and also for cheating and breach of trust;
File a domestic violence case against all those who tortured you and unleashed violent activities against you. 
But the above will provoke them and you may have to face a divorce case that may initiated by them.
If you are prepared to face it then you can go ahead with the suggestions made herein. 
T Kalaiselvan
Advocate, Vellore
13979 Answers
127 Consultations
5.0 on 5.0
If you want to take legal action then immediately file a domestic violence case against them before magistrate court and claim protection order, residence order, maintenance for your child, child custody and compensation under section 18,19,20,21&22 of protection of women from domestic violence act 2005.


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Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0
1) you should  file 498A case against husband and in laws for continuous acts of cruelty and for dowry harassment 

2) file for divorce on grounds of mental cruelty seek custody of your daughter and maintenance for the child 
Ajay Sethi
Advocate, Mumbai
23192 Answers
1218 Consultations
5.0 on 5.0
as you are working the court will not grant any maintenance to you but he is liable to pay the maintenance to your daughter u/s 125 of Cr.P.C.
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0
1) you should decline to return to your matrimonial home on account of constant harassment meted out to you and for demands of dowry made by your husband and i n laws

2) you are working you wont get maintenance but your husband has to pay for child maintenance . 
Ajay Sethi
Advocate, Mumbai
23192 Answers
1218 Consultations
5.0 on 5.0
Hi, you have to file a petition for divorce on the ground of cruelty and it is a clear case of cruelty.

2. You can also lodge a police complaint under section 498/A IPC and also 3 and 4 of the Dowry Prohibition Act and you have documents to prove that you have paid the Dowry to your husband.

3. As your child is less than 5 years the court will not grant custody to your husband and your husband seek for right of visitation and recording of the video will not help them anything.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Your husband and his close relatives by visiting your house are creating dramas in front of others to pretend that they are very good people and it is you who is adamant and arrogant etc. 
The recording of the events during their visit to your house is a good example of their pretense.
However their audio or video recordings shall not be admissible ion court as primary evidence and even if they would like to produce them a evidence, there are lot of formalities to be observed to prove their evidence. 
Since you are employed you may not be eligible for claiming maintenance amount from him, but you can very well claim monthly maintenance including medical and educational expenses for your child from him which he is bound to pay.  If he says that he do not have employment or income let him prove it before court in the maintenance case. 
T Kalaiselvan
Advocate, Vellore
13979 Answers
127 Consultations
5.0 on 5.0
your husband is liable to pay all the expenses . Some times small misunderstandings,ego clashes will  make the problems in a big balloon 
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0
You have to decide what you have to do. What you can do is file for divorce on the ground of cruelty. If you wish to continue the marriage without suffering further domestic violence then you can file a case for domestic violence to claim protection order against your in-laws and husband. This apart, you are also free to file for maintenance on behalf of your daughter. The recordings can be used as evidence in the court. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
you must file an application under domestic violence for personal security and compensation if any cruelty caused to you. 

suppressing all those facts have effect to render your marriage null and void but now became mother of a child so you cannot avail this. 

your husband is liable to pay maintenance it does not matter that you can be bread earner  of the family. File application u/s 125 crps for maintainance of yourself and child. 
Shivendra Pratap Singh
Advocate, Lucknow
2736 Answers
41 Consultations
4.9 on 5.0
if possible record all the conversation between you and in your in-laws
Shivendra Pratap Singh
Advocate, Lucknow
2736 Answers
41 Consultations
4.9 on 5.0

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