• Need to get rid of husband

Hello,
I am a hindu lady, resident of Delhi.
I was married in 1992 and since then my life is worst than hell. My husband was a good cricketer and a good photographer at the time of marriage. My father in law had a photography business which he used to take care of. Gradually, he developed friendship with drunkards and started drinking alcohol. Slowly he had no earnings. All this happened within a span of 2 to 3 years after marriage. I was a housewife till the time he was earning (whatever little, but ultimately, my father in law used to take care of all the financial needs of the house). Once his earnings vanished, I took to earning because I had to feed my children. Also, one important thing to mention here is I was being scolded and beaten from day 1 of marriage. The moment I landed in my in law's house after "Vidayee", I was scolded by him and beaten black and blue just because some relatives from in laws side had drunk a lot and had a scuffle in the marriage function. The blame was that my family had mixed something in their drinks and hence the in-laws got into the scuffle. That moment itself, I  decided to leave the house but my father in law came in my support and I changed my mind for the betterment of the family. Till 3 years back from now (when my father in law died), my father in law supported me at every point of life like a father. This is the sole reason, why, inspite of all the atrocities on me, I didn't leave my husband. He gave me protection from my husband's atrocities. After my father in law's death, I was all alone. I was the only earning member of the house by now and I had to feed 5 people. My husband, my two sons and my mother in law. The entire day, I used to work and in the evening when I came home, my husband used to call me names, used to associate my name with every tom dick and harry, started quarelling with me at small matters and beat me. At times, he even woke me up from sleep at around 2AM or 3AM and started beating me on any topic. A couple of times, he kicked me from 1st floor stairs, I fell and got injured. He beat me with hockey stick. He even burnt me with cigarette buds. The atrocities didn't end here. At times, he even dragged me out of the house and beat me in front of the neighbors. As per my husband, the reason for all these atrocities is that he is suspicous of me having an extra marital affair with people in my office, with a rickshaw puller who often drops me from metro to home, with a vegetable vendor from whom i usually buy grocery, with my husband's friends, with my husband's cousin brother who lives in punjab, with my elder sister's husband who supports me like his daughter/sister. This list is endless. Even if you talk to me a couple of times, you might also fall into this list.
Around, six to seven months back, I had gone to sister's place with my brother and mother. After dinner, we turned late and my brother dropped me home at around 1AM. The moment I reached the entrance, I noticed my husband waiting at the entrance. He had a knife in his hand, he attacked me. I somehow escaped and he ran after me in the lanes. Some neighbors woke up and came out of homes hearing my scream. They saved me. I called up my brother and he also had a fight with my husband. I called up police, they took him to police station, took some money from my mother in law and left him free early morning. After this incident, I finally decided to leave home. It took me around 23 years to take this harsh decision. Now I am living in Ghaziabad, away from my home but my mother in law and my husband often call me and threaten me of dire consequences. They come to my work place and put a fight there just to insult me. 
Every time an incident happened to me, I went to the Police Station, but nobody listed to me. The maximum, they took action is, called my husband to police station, make him sit for 2 to 3 hours and finally leave him free after getting money from my mother in law. They never registered my complaint nor took any action. I have contacted the police station almost 10 to 12 times during the last 3 years. Neither they register my complaint nor they give acknoledgement to my application. Before I left my house, my mother in law never supported my husband but after that, she supports her drunkard husband fully and they are doing this. I have shifted my place of residence 3 times in the last 6-7 months and my place of work 2 times.
My husband's sole motto today is that wherever you go to live or work, I and my mother will come to your place and insult you, scold you and will not let you live peacefully.
I just want to live peacefully with my kids only. I desperately need your help. My life has become worst than hell. I fear for my life since he always threatens he will throw acid on my face. He has even come to my office where I work and insulted me.
I am just a 12th pass lady working for a very small salary with which it's very difficult to meet my day to day expenses. At times, I feel like committing suicide. My sons are 21 and 23 years old. My elder son could not study after 12th and younder one could not study after 10th. They also do not earn. The elder son doesn't support me just because I left home (on rest of the matters, he supports me), however, the younger son completely supports me. Both of them live with their father and grandmother as of now since I am unable to feed them alone.
There's one property still in my late father in law's name and one commercial property which was bought by my mother in law.
Please suggest what best could be done. I can not live with my husband, rest I can do anything.
Thanks
Asked 11 months ago in Family Law from Delhi, Delhi
Religion: Hindu
1)  you can file domestic violence case against your husband and seek protection order , compensation for mental torture undergone by yiu 

2) since you are working you won't get maintenance 

3) you can also file 498A case against husband for continuous acts of cruelty 

4) file for  divorce on grounds of mental cruelty as your husband assaults you , accuses you of having extra marital affair 

Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
Hello,
1) If you have made up your mind about putting an end to the marriage you must go ahead with a petition for divorce on grounds of cruelty. You can also seek maintenance as your earnings are not sufficient to support you.

2) Alternately if you do not seek divorce as of now, you can file a case under provisions of Protection of Women Against Domestic Violence Act 2005.In this petition you can ask for protection,compensation for all the torture that you had been through, maintenance and separate residence.

3) Engage a local lawyer to assist you .
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Hi, It is the fit case for cruelty, you can file a petition for divorce on the ground of cruelty, from your narration it can be easily prove before the court, atrocity committed by your husband.

2.  You can also lodge a police complaint under 498/A in  Ghaziabad also.

3. You can file a petition under DV act for residence order and so also for maintenance.

4. It is the duty of the husband to maintain his wife and children  so your husband has to  pay the maintenance to you.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Your late father in law caused enough harm to your life by not letting you out of this unacceptable relationship 23 years ago,

2. Your sons are grown up and should be able to start earning shortly,

3. File a DV case against your husband to restrain him in visiting your place any further to abuse you,

4. At this age, filing divorce case may not be of any use,

5. You continue to live separately without bearing expenditure for any of them,

6. You will have no right on the property of your husband during his life time.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
You can file a case for maintenance claiming finical support from your husband under PWDV Act. Under the said act the husband will be directed by court to provide you the maintenance.
You can not though seek maintenance for the children as they have become adult.
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
4.9 on 5.0
1. You have many legal remedies to mend your husband. Firstly, you can file a case for domestic violence against your husband in the court to seek protection order and compensation. Through a protection order the court can direct your husband to cease all acts of violence towards you. If he violates the court order he can be imprisoned on your mere statement. This apart, you can also seek maintenance from him.

2. Since the conduct of your husband amounts to grave cruelty you are also free to file for divorce on this ground..

3. You cannot claim succession to the properties of your in-laws.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
File for divorce in family court and ask for maintenance, alimony and custody of children if you want. If police officials are not cooperating then approch some Women Organization who are involved in handling such family matters.


Regds, 

Adv. Payal
Payal Arora
Advocate, Pune
333 Answers
7 Consultations
4.1 on 5.0
 am just a 12th pass lady working for a very small salary with which it's very difficult to meet my day to day expenses. At times, I feel like committing suicide. My sons are 21 and 23 years old. My elder son could not study after 12th and younder one could not study after 10th. They also do not earn. The elder son doesn't support me just because I left home (on rest of the matters, he supports me), however, the younger son completely supports me. Both of them live with their father and grandmother as of now since I am unable to feed them alone.
There's one property still in my late father in law's name and one commercial property which was bought by my mother in law.
Please suggest what best could be done. I can not live with my husband, rest I can do anything.
Since yo have decided to stay separately away from him, you may do it.  In the meantime you may file a domestic violence case against him as well his mother. Yo may file a divorce case.You may lodge a criminal complaint against his criminal intimidation ad cruelties on you.
There is nothing that you can do about it at this stage because yo have endured the humiliations all these years and was totally helpless when you could have fought back.
T Kalaiselvan
Advocate, Vellore
14057 Answers
127 Consultations
5.0 on 5.0
Also, If I file for a divorce on various grounds like DV and cruelty, would I get my part from my father in law's property or my mother in law's property or it would go straight to my husband who, I fear, would sell it off to manage his drinking habits. On occasional basis, he is so much addicted that he has sold some household utensils, bread and butter packets (stored for kids) to buy drinks.

You will not be entitled  to a share in your father in law's property during the life time of your husband.
The law says that only he and his mother can claim the share and rights in your father in law's property being the legal heirs to the deceased.
T Kalaiselvan
Advocate, Vellore
14057 Answers
127 Consultations
5.0 on 5.0
1) since your husband is unemployed and you are working you won't get any maintenance 

2) if your husband is unemployed you won't be able to recover any compensation from your husband 

3) you have no right on your in laws property . Only your husband will inherit it on his parents demise 

4) file for divorce on grounds of mental cruelty 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
You cannot claim anything from your in-laws property only from your husband's property. You dont have to say court that he is not earning. You be silent on this part and say to the court that he never disclosed his earnings to you. Mention the court about his educational background. Not working is not a remedy. 


Regds, 

Adv. Payal 
Payal Arora
Advocate, Pune
333 Answers
7 Consultations
4.1 on 5.0
If you have any confusion on this please feel free to call and discuss. 


Regds, 

Adv. Payal
Payal Arora
Advocate, Pune
333 Answers
7 Consultations
4.1 on 5.0
You may be earning but if your earning is insufficient for you to maintain yourself then you can make your husband liable to support you. It is settled law that a husband may have to beg or borrow but he has to support his wife if ordered by the court. He cannot claim compensation from you unless he proves that you committed cruelty. You will not get any share in your in-laws' property as Indian law does not permit this. On the demise of your in-laws their property will devolve on their heirs i.e children.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1. You are employed but is not earning enough to maintain yourself,

2. so, you are entitled to maintenance from your husband though he is not working,

3. As per Supreme court order, husband shall have to maintain his wife even by begging or borrowing,

4. As per law you are not entitled to any share of your husbands, or his parents property during his lifetime,

5. In case of his demise, you will get equal share of his property along with his mother,

6. Since your earning is not enough to run court case, i will suggest you to lodge a police complaint against your husband for harassing you by coming to your work place and ring police when he comes to your office next time,

7. For this you won't have to spend any amount but is expected to restrain your husband from visiting your office to abuse you.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
file application under section 12 DV Act and simultaneously claim under sec 23 for order of lump sum amount at the first hearing of the case. court is empowered to pass such order. [A. Paluvvu vs state AIR 2015 SC]. court grant monthly payment as maintenance , no need to file seperate application under sec 125 crpc. 
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0

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