• Breaking promise to marry and consequent mental and physical abuse

Respected Sir,
i got a divorce from my husband of 10 years in nov 19th 2013.post the divorce was residing with my family and took up a  job.in august 2014 he come s back to me and asks me fervently to come bck to him and start staying in my previous marital home.with the promise to remarry me and reassuring my family of taking care et al.i relented cos of social pressure..after enjoying conjugal rights from august 2014 to dec 2015 he asked me to move out yet again when i pressurised to remarry after a year's procastrination on his behalf.since then am being subjected to mental and physical abuse by him and his father(legally my ex father-in-law). what are my rights?he even made me leave the job that i had after or divorce.waiting for your kind revert
regards 
Sudeshna Chatterjee Tahilramani
Asked 9 months ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1) file complaint against your ex husband under section 376 of IPC for rape  before local police station 

2) you have given your consent to have sex with your husband under promise to marry you again. 

3) your consent was not free or unequivocal 
Ajay Sethi
Advocate, Mumbai
23279 Answers
1219 Consultations
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1. Well, unfortunately not much legal remedy can be exercised this time as you were willingly residing with him.
2. You can file criminal case of assault and abuses but those are milder in action and bailable.
3. The prolonged stay has further compounded your problem.
4. Just leave him at once .
5. If you are unemployed you can file case ofr your maintenance u/s 125crpc which is permissible as long as you remain unmarried.
Devajyoti Barman
Advocate, Kolkata
5222 Answers
54 Consultations
4.9 on 5.0
You have no rights against him as your marriage has been dissolved. If you sue him on the basis of a live in relationship then you will have to prove the existence of it in the court, which will be very difficult. It is not clear from your query if the divorce was mutual or contested. Be that as it may, if he is not providing for your maintenance then you can sue him for this. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
What was the nature of coercion? Did you lodge a police complaint if you were coerced? Unless he took you away at gunpoint or threatened you with bodily harm or harm to your property or anyone you were interested in, it does not qualify as coercion.  Your right to maintenance is governed by the MCD decree. He can file a suit for your eviction. You have no rights to claim against him. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1) you are entitled to maintenance from your ex husband 

2) you can also file DV case and seek right to stay in house wherein you resided with him 

3) you can also seek compensation for mental torture undergone by you 
Ajay Sethi
Advocate, Mumbai
23279 Answers
1219 Consultations
5.0 on 5.0
You have right to claim compensation under section 20/21/22 of Domestic Violence Act. If any violence is committed en shared house hold victim can claim compensation for mental and physical torture and also for any loss occurred from such torture.
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
1. Practically speaking, you would have got relief had you not taken divorce from him earlier,

2. It will be questioned by the Court that you knew him very well and had taken divorce from him after 10 years of marriage and despite the fact that you took divorce from him, you again joined him against his promise to marry you by leaving your job which sans logic,

3. So, critically examine the prospect of your winning the case before you take legal action against him.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. If you have collected evidence of his assuring you to remarry and having physical relationship with you with the assurance of remarrying you, then you can bring the charge of rape against him for refusing to marry you,

2. under no circumstances, you can now be treated as his wife to claim maintenance or compensation for your being forced to leave the job.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
Since you both were living together without remarriage it can be treated as live in relationship only. It is well settled that the law presumes in favour of marriage and against concubinage, when a man and woman have cohabited continuously for a long time. However, the presumption can be rebutted by leading unimpeachable evidence. A heavy burden lies on a party who seeks to deprive the relationship of legal origin, 
Protection of Women from Domestic Violence Act 2005 recognises “relationship in the nature of marriage” and protects female partners from domestic violence. Such partners can claim monetary and other reliefs under the Act.

In S. Khushboo Vs. Kanniammal & Anr., the Supreme Court of India, placing reliance upon its earlier decision in Lata Singh Vs. State of U.P. & Anr., held that live-in-relationship is permissible only in unmarried major persons of heterogeneous sex. The Supreme Court on 13 August 2010 in the case of Madan Mohan Singh & Ors v. Rajni Kant & Anr.  has once again entered the debate on legality of the Live-in Relationship as well as legitimacy of Child born out of such relationship. The Court while dismissing the appeal in the property dispute held that there is a presumption of marriage between those who are in live-in relationship for a long time and this cannot be termed as 'walking-in and walking-out' relationship. In the case of Bharata Matha & Ors v. R. Vijaya Renganathan & Ors.  dealing with the legitimacy of child born out of a live-in relationship and his succession of property rights, the Supreme Court held that child born out of a live-in relationship may be allowed to succeed inheritance in the property of the parents, if any, but doesn't have any claim as against Hindu ancestral coparcenary property.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
Thank u tons for the prompt replies.ours ws a mcd and post the divorce decree being recvd I strtef residing with my sister and ws v happy in my job.he coerced me into moving back exactly aftr 10mnths.i uprooted myself yet again n moved bck.altho fr a year and a half he procrastinated remarriage but 5mnths into me moving bck I was admitted in the hospital for 'chemiical mtp'wherein he hs signed in consent forms and also my address has his home address.am I entitled to maintaineance or compensation since am currently unemployed and he wants me to move out.denying which am been subjected to taunts abusive language and anticipated physical harm by him n his father.regards
You are entitled to maintenance under DV act and also can lodge a complaint against your father in law under DV act and also for the offences of outraging modesty of women and also under section 498a, this will make him wind up his tail
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0

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