• Mental torture and harassment by husband and in laws

I got married on 2013. Now I have a 2 yrs old daughter. From day 1 after my marriage my SIL and MIL has started bullying me for my dusky complexion and rural background. Although I have a daughter now they always say it doesn't matter becoz they are not sure about my daughter's paternal identity. They keep on influencing my husband to give me divorce and he also tells me now and then to leave the house and go. One day while I was sleeping my husband even tried to beat me up so that I get scared and leave. Now mil does not stay with us but whenever they meet, after that very day my husband gets violent and say foul things and threat to beat me till death. I always tried to keep my calm. Suddenly these all stopped and I was feeling good about it. After 2 3 months I got a call from Lucknow police that my in laws have registered a case against me that I send messages from my fb account and phone number. I had no password in my phone and seeing the FIR copy I checked the messages were received late night when my husband and me both were at home. So either someone hacked my account which is quite possible or my husband has secretly used my phone to harass me later. My father is suffering from lung cancer so they already know I will not be getting any help from my maternal family. In this point of time I am totally helpless with my daughter. Please give me suggestions how can I come out of this hassle?
Asked 3 months ago in Civil Law from Noida, Uttar Pradesh
1) file complaint with cyber police against your husband under IT act for hacking your account 

2)  Section 66C makes it an offence to “fraudulently or dishonestly” make use of the electronic signature, password or other unique identification feature of any person. Similarly, section 66D makes it an offence to “cheat by personation” ] by means of any ‘communication device’] or 'computer resource'

3) file 498A case against husband and in laws for continuous acts of cruelty 

4) also file DV case against husband, seek maintenance, protection order and compensation 
Ajay Sethi
Advocate, Mumbai
23142 Answers
1215 Consultations
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If the FIR has been registered against you then apply for and obtain bail and then move the HC for the quashing of the FIR. In so far as your matrimony is concerned, if your husband hacked into your account to send the messages then this is an act of cruelty which permits you to file for dissolution of marriage and also apply for custody of your daughter. In addition to this, you can also file a domestic violence case to seek alternate accommodation at your husband's expense and also claim maintenance from him for yourself and daughter,
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
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First of all decide, you want to live with him or not? 
If yes, then try to settled the matter amicably with him.
If no, then file a criminal complaint before magistrate court against them for domestic violence and claim protection, right to residence, maintenance for yourself and for daughter, child custody and compensation under section 18,19,20,21&22 of domestic violence act 2005.

You may file a criminal complaint against them for cruelty and beating.

You may file a maintained case under section 125 of Cr.P.C. and claim maintenance.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
Dear Concerned,

in reference to your notes above it seems that your in laws are unnecessarily harassing you.  It is suggested that share the copy of the complaint filed in lucknow against you and then accordingly needful steps can be taken. This seems to be have done by your in laws so that you do not file any domestic violence or mental abuse complaint against this family. Please feel free to contact our office for free advice on your matter. 

Best of Luck . Stay Blessed 
Atulay Nehra
Advocate, Noida
433 Answers
15 Consultations
4.7 on 5.0
1) You can lodge FIR against husband and in laws under section 498A for continuous acts of cruelty 

2) you can also file DV case against husband and seek maintenance , protection order , right to stay in matrimonial home , compensation for mental torture undergone by you 

3) you will not lose your job . Obtain copy of FIR then based on legal advice apply for bail 

4) quashing is to be done only in exceptional circumstances . If allegations made in FiR do not disclose commission of offence FIR can be quashed
Ajay Sethi
Advocate, Mumbai
23142 Answers
1215 Consultations
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Yes, you can.
No need to worry, concentrate on your job

File quashing petition before high court under section 482 of Cr.P.C. time is not certain but may be decide within a month or two if court is not over burden.

Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
1. An FIR against you does not stop you from lodging a FIR against them

2. The FIR can show in your background verification by your prospective employer. It may also result in denial of passport and visa to you.

3. Quashing takes months and possibly a year.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
Actually it should have been you that initiated legal process against them for harassing you and giving you tortures including assaults and domestic violence.

Well you have to visit the police station and see what type of complaint she has given and can give a statement to police about the misuse of phone and if possible give a complaint against your mil for her this mischief and her tortures. 

You can take the help of an advocate in the local if need be.  
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
1) As there is already a FIR against me can't I lodge complaint /FIR against them?

Yes you can very well lodge a complaint against them too.



2) What is the impact of this false FIR on my job? I am worried that if I loose my job and in this current situation I am totally alone with my daughter, I may face financial difficulties as well.

Nothing to worry.  This will not impact your job. You can take anticipatory bail if necessary which will protect your employment interests and then can challenge her false case properly in the court. 



3) what is the procedure of quashing the case? How much time it takes?

First confirm the charges and allow the charge sheet to be filed, you can think about quashing the charge sheet accordingly. 
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0

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