• Separation

My husband for last few months cheating me. I collected evidence against him, he is having relationship with other women & separated complain against him in women police station where he given written assurance he will repeat the same. His behaviour changes within fee days again. I decided to move with our daughter from his house & start living with my mother about 15 days ago , during this period he never enquire about us. Last week he infact spent night with a woman I collectedproof for the same. What step now I will against him?
This is continuation to question yesterday I caught red handed my husband with one lady inside the car. When I approached towards the car both of them hit me & my 2 yrs old daughter.Somehow with the help po public & police I save myself & my daughter and bring them to police station &register case against them. Both of them got release today morning. In the afternoon police register case against my husband under sec 498A. 
What should I do now to get the maintenance & bring my essential belongings from my husband house?
Asked 2 years ago in Family Law from Guwahati, Assam
Religion: Hindu
1) file complaint under DV against your husband . seek protection order from court 

2) also seek right to stay in matrimonial home or alternative accommodation . 

3) seek maintenance from your husband for your self and minor child 

4) also file criminal complaint of adultery against your husband
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
He has been booked under 498A not  for adultery which you can do  by filing criminal complaint.Also file case under DV Act seeking protection,right of residence in matrimonial home  or separate accommodation,maintenance for self and your daughter,return of your belongings and valuable items including jewellery etc.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
Hi
 You have many options.
1. File a complaint under protection of women  from domestic violence ACT 2005, under sections . 17 to 22 , for reliefs of residence order,prohibitory orders against the husband,compensation , maintenance, custody and for return of your articles, etc.
2. You should lodge an FIR if the husband' girl friend is married .Adultery is  applicable under 497 IPC only if the lady in question is married. But this will be a ground for divorce in divorce proceedings on basis  of adultery . 

 In case you want a divorce file a divorce under grounds of adultery& cruelty , ask for return of shtreedhan and articles, and also ask for alimony , a Residence and maintenance for your child.if you are planning to file divorce it is better  to ask all these reliefs along with the divorce petition.
Since the FIIR under 498A is in effect, he might settle this with you.At that stage you can ask for your one time alimony and go ahead with a mutual consent divorce.
Thresiamma G. Mathew
Advocate, Mumbai
1315 Answers
85 Consultations
5.0 on 5.0
Hello,
Since you have got an FIR lodged with the Police under section 498A  you have the option to file for an independent divorce and move a petition for maintenance for both yourself and your infant child.You can also ask for reliefs under Domestic Violence Act.In case your husband approaches you for a compromise take your call and decide what you want,including demanding a one time alimony,residence and maintenance for your child;make a consent term and get him to consent to go for a mutual consent divorce.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
Hi, you can file a petition under section 125 of the Criminal procedure code for maintenance not only for yourself and your child.......... If you want to get divorce if you able to prove before the court that your husband had extra martial affairs with another women then you can file divorce petition also.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
file complaint under DV against your husband
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Seek relief under DV Act protection order,right to stay in in matrimonial home or alternative accommodation,maintenance for self and your minor child, return of your belongings and valuable items including jewellery etc. File adultery charges.  Since the Police have booked him U/s.498A he will definitely contact you for compromise, use the situation in your favour and demand for a one time alimony and maintenance for you and your child and make him to give consent to opt for MCD.
Shashidhar S. Sastry
Advocate, Bangalore
1232 Answers
59 Consultations
5.0 on 5.0
you got a lot remedies to go for. choose from them & act accordingly
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
You have abundant legal remedies against your husband. They are enumerated as under.

1. Since you have collected the necessary proof of your husband's infidelity you may file for divorce against him on the ground of adultery. 

2. You may file a police complaint against your husband and his paramour for hitting you and your child. They can be arrested and put behind bars whereupon their prosecution may ensue. 

3. In order to apply for maintenance for yourself and your child you need to file a case for maintenance in the court whereupon court will issue the necessary order.

4. You may also obtain protection order against him. In addition thereto you may seek the right to accommodation at his expenditure. 

5. Last but not least, you may file a criminal case for adultery against your husband.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
In order to recover your jewellery lying in his possession you should file a complaint for return of your istridhan.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
It seems that your husband and his girl friends have managed the police to harass you.  You can meet the Commissioner of Police.  You have to explain him that keeping grudge on you for filing 498a, your husband and his girl friends are harassing with the help of local PS.  He will help you.  Even if you do not get any relief meet some electronic media people.
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
Hello,
You need to obtain a copy of the complaint from the police to find out the nature of the complaint, so that you could take appropriate defence. Now if the police has called you for taking your statement another day please be patient and wait for the call.If you feel that the police is not acting on the complaint you have filed ask the police for the status.If  you truly feel that the police is not co operative and is harassing you at the behest of your husband or his lady friend you can certainly escalate the matter to higher authorities in the Police Department.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
1) we had advised you file complaint of adultery against you and also file complaint under Dv Act against him 

2)have you acted on our advice? 

3) the counter attack by your husband and his girl friend is to browbeat you to submission  as you had filed 498A case against your husband 

4) find out nature of complaint filed against you . 

5) have your statement recorded in said complaint 

6) contact a local lawyer and file Dv case and other cases against your husband as advised by experts
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
Hi,
 as experts said already get an advocate and proceed further. Police may be acting as per the complaint as they are supposed to take note of both the parties complaint. Regarding the action  depends on the merit of the matter and the statement you are asked give should help you , so even if you have to wait do that . Before proceeding anything further get the help of an advocate to know what to say and what not to say. 
If you can get FIR lodged under  498A against him it will be helpful to bring him to reality. You should have asked the police about the complaint and ask for a copy. before a making your statement it is necessary to know what she has filed against you. How do you know it is no-bailable, if so consult your advocate and take steps to evade  arrest.and procure anticipatory bail.
Thresiamma G. Mathew
Advocate, Mumbai
1315 Answers
85 Consultations
5.0 on 5.0
1) in     law we dont go by probability . you have to be 100%sure about your facts . obtain copy of complaint filed by your husband girl friend . 

2)  as and when FIR is filed obtain AB 

3) since you have engaged a lawyer go by his advice
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
Hello,
In the circumstances you need to wait and obtain a copy of the FIR to get clarity of the charges.Unless you know for certain what the charges are you can not plan your course of action.
Apart from this you need to get a copy of the FIR so you could apply for Anticipatory Bail.Certainly follow the instructions from your lawyer.He would know best as obviously your husband is capable of influencing the police and can get you arrested based on the complaint and hence until you are able to obtain AB it is safer to stay away from the cops.Remember you have an infant to care for .So play smart and play safe.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
Hi,

 You do not have to  have FIR to file anticipatory bail.

 the filing of a First Information Report is not a condition precedent to the exercise of the power under S. 438. The imminence of a likely arrest founded on a reasonable belief can be shown to exist even if an FIR is not yet file.When any person apprehends that there is a move to get him arrested on false or trump up charges, or due to enmity with someone, or he fears that a false case is likely to be built up against him. He has the right to move the Court of Session or the High Court under section 438 of the code of Criminal Procedure for grant of bail in the event of his arrest, and the court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.
'Section 438 (1) of the Code lays down a condition, which has to be satisfied before anticipatory bail can be granted. The applicant must show that he has “reason to believe’ that he may be arrested for a non-bailable offence. The use of the expression “reason to believe” shows that the belief that the applicant may be so arrested must be founded on reasonable ground.
  Talk to your advocate and take necessary steps to file anticipatory bail if you apprehend that  There can be an FIR
Thresiamma G. Mathew
Advocate, Mumbai
1315 Answers
85 Consultations
5.0 on 5.0
Engage an Advocate to procure anticipatory bail for you, if you apprehend that you would be arrested.  Obtain copy of complaint filed by your husband's paramour to know the contents and to get equipped to defend your stand.
Shashidhar S. Sastry
Advocate, Bangalore
1232 Answers
59 Consultations
5.0 on 5.0
file complaint under DV against your husband
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0

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