• I want to punish my husband for the cruelty caused

Sir,
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 3 years ago in Family Law from Pune, Maharashtra
Religion: Hindu
Please note that law is not meant for harassment. If you are harassed then you may file police complaint against him. You have to know your options beforehand. In the given situation you want revenge with option of not being harmed or penalized in any manner, which may not be possible. Further, please note that there exists several provision in Indian Penal Code which shall make a person liable for punishment up to seven years if false cases are filed.

thanks.
Feroz A. Shaikh
Advocate, Mumbai
407 Answers
58 Consultations
4.4 on 5.0
Hi,

You need not worry he cannot harm you any more. There is statutory safeguard from women suffering domestic violence. You can approach the court or police to seek prevention violence and for punishment. He should not be allowed to harass the wife to go out of the house and get scot free. 

The Protection of Women from Domestic Violence Act, 2005 is passed  to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto. 

You seek justice. Don't be revengeful. Court will decide the merits of the case in due course and come to conclusion. if he has wronged, he will get imprisonment.
  
If your intention is to seek justice, best of luck. 

Yes, You are eligible for maintenance. Amount will be quantified based of the husband's salary and your salary (if you are working).

Court has power to impound the Passport on application. 

Fighting in the court is NOT the BEST option. Workout amicable settlement.
Sandeep Hegde
Advocate, Bangalore
362 Answers
99 Consultations
4.8 on 5.0

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