• I want to punish my husband for the cruelty caused

I am female married since one year and working in company. My earning less than him. My husband is very greedy person, taken my all salary (bank statement is with me as proof)  from and harassed me mentally and physically. His torture was too much. i have left his home staying in rented accommodation. I don’t have any medical proof for any torture. It was more mental torture.

He is earning around Rs. 90,000/- I am having proof to prove the same. My earning is not much. I don’t want divorce. I want him to get punished for his misdeeds and want collect huge alimony so that he suffers a lot . He has two apartments. And site. I have one of his property in my name I don’t want him to marry again.
Now I have following questions:
1)      Can he get divorce with intimating me?
2)      If i resist his divorce case am I eligible for 1/3rd of his salary as monthly maintenance and one of his flat as residence ?
3)      Can I go and stay in one of his house (Loan not yet completed) as I don’t have any house of my own?
4)      I want to put him behind bar for the cruelty he caused to me . Is DV case effective or anything else I can do?. How can I get justice for the pain and torture I suffered? Is it difficult to prove cruelty in the absence of medical records?
5)      Will he loose job if domestic violence and other criminal case is filed and communication is reached to his employer (MNC). (I don’t want to make him loose job as he is having family and home loans to pay)
6)      Can I stop him from travelling abroad and intimate the same to his employer?
7)      Can he harm me anyway?
8)      Can HE be able to get married without divorcing ME?
9)      I am also open for the option of one time alimony for restarting my life and rebuilding my career and live alone independently. Which is the best method? Fighting divorces and getting maintenance case or going for mutual divorce with less payment?.
Asked 4 years ago in Family Law from Pune, Maharashtra
Religion: Hindu
1. No he cannot get divorce without approaching the Court.
2. Monthly maintenance is separate and the Divorce issue is separate. Even after divorce maintenance can be claimed. Divorce is usually granted after the trial. When two persons cannot live together it is not advisable to forcefully continue with the marriage. If your husband applies for divorce, after the trial he would be granted divorce as it is clear that marriage is not compatible and that you are not willing to stay with him.
3. Yes you can go and stay in his house but who is in possession and under whose custody the keys of the house are? You cannot forcefully break the law, you can apply to the court get accommodation even under Domestic Violence Act.
4. Cruelty includes mental torture. You can file case under 498A of IPC and the Police will investigate the matter and if proved he will be put behind bar.
5. Booking under Domestic Violence Case does not take away his job. But 498A under IPC yes he will lose job if he is government employee, if not depends on the private company management.
6. If you book case under 498A yes he is barred from leaving the country if applied to the court.
7. No one can harm anyone..there are provisions in law to get protection from Police
8. No he cant get married without divorce from court of law.
9. When you do not want to go back to him, mutual divorce is better so that matter may be settled in a short span of time. Litigation takes time and expenses involved. Ultimately the quantum of amount is dependent on evidence. In mutual, you can negotiate and arrive at one amount acceptable to you.
Gerald Castelino
Advocate, Mysore
3 Answers

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