1) file 498A 406 IPC case against husband and in laws for continuous acts of cruelty , refusal to return your streedhan , dowry harassment
2) if yiu don't want to stay with your husband file for divorce on grounds of mental cruelty
Mental harassment
I got married two years before, From the first day my in-laws started harassing me by saying i have to live rest of my life as per their will and started scolding me on small things like wearing less bangles, for wearing sari etc..my jethani said i have to do all household work and if i refuse they will tell my husband and he will punish me..things have gotten worse and they started saying not to talk to my parents. After few days they started harassing me and mentally torturing me like when i was at my parents home they shifted my things at first first floor against my will and when i confronted them they said i have no other option but to live there and my jeth and jethani told me i can not talk to my husband alone and my husband and mother in law was also agreed with my jeth and jethani and said many inappropriate things for me and my family. My jethani used to tell me things like my husband will do whatever she will say and generally she came in front of my husband only in "Peticoat" .She also said that my husband only eats what she cooks and generally even throw her sanitary pads. After this feud my husband and i have decided to live outside and we started living in a rental place, But my husband continued to go to their mothers place and continued torturing me mentally and verbally. my mother in-law kept all the jewelery i got in my marriage and not have intentions to give it back and we have given 5 lakh case in my marriage. Since 10 months we dont have any physical relationship. My husband is saying i will live with you under one roof but as a stranger he stopped bringing groceries and other daily use things to home. Meanwhile they have filed a NC against me that i am alleging the jethani and my husbands relationship but the truth is i have just repeated my jethanis words.So they have given my marriage second chance also but their torture is increasing day by day and my husband stated spreading bad things about my character. I am under immense pressure and under threat that they will file fraud case against me any time,Please guide on the same
Asked 8 years ago in Family Law
Religion: Hindu
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7 Answers
In addition to that i work as a government teacher
Asked 8 years ago
thanks for your prompt reply..can you explain these section in details..i have taken advice from a lawyer here but he said i cant do anything since he has not done any physical abuse like beating.. but mentally he is harassing me. and my jethani and husband tells me that 'wo mujhe kahni ka nahni chhodenge' and after 5 year my husband will leave me and till then we will live like that only(without any physical relation)
Asked 8 years ago
1) it is not necessary you should be assaulted physically
2) 498A covers continuous acts of cruelty
3) section 406 of IPC is for return of your streedhan
4) you were forced to pay dowry of Rs 5 lakhs
5) hence file complaint as advised
1. On the basis of conduct of your spouse you can file for divorce on the ground of mental cruelty. On the contrary, if you want to continue your marriage then you may file a criminal complaint for domestic violence against your in-laws to seek protection order against them to restrain them from committing further acts of domestic violence.
2. No case for fraud is made out against you. These are hollow threats that must be ignored.
3. Harassment of the nature that is being meted out to you falls within the realm of domestic violence.
Since 10 months we dont have any physical relationship. My husband is saying i will live with you under one roof but as a stranger he stopped bringing groceries and other daily use things to home.
Meanwhile they have filed a NC against me that i am alleging the jethani and my husbands relationship but the truth is i have just repeated my jethanis words.So they have given my marriage second chance also but their torture is increasing day by day and my husband stated spreading bad things about my character.
I am under immense pressure and under threat that they will file fraud case against me any time,Please guide on the same.
Your husband is duty bound to maintain the house (matrimonial) and he has no escape from it.
If he continues to be hostile to you and treats you very badly with tortures and harassment, you may have to file a domestic violence case against him for protection and other reliefs.
If your jewels are held back by your mother in law, you may lodge a complaint against her for return of the same under section 406 as well as for dowry harassment under section 3 and 4 of DP act and also for cruelties under section 498A besides 506 for criminal intimidation against your jethani and husband.
Until you do not jump into a legal action against those people, they will not stop indulging into such illegal acts.
In addition to that i work as a government teacher
If you are employed, you may not become eligible for maintenance from your husband, however it is his responsibility for general maintenance of the matrimonial home, it is his liability and he cannot escape from it.
can you explain these section in details..i have taken advice from a lawyer here but he said i cant do anything since he has not done any physical abuse like beating..
but mentally he is harassing me.
and my jethani and husband tells me that 'wo mujhe kahni ka nahni chhodenge' and after 5 year my husband will leave me and till then we will live like that only(without any physical relation)
As I have suggested you the legal actions to be taken against your husband and his close relatives for their tortures and harassment, you may approach a different lawyer who would be willing to help you come out of the crisis and get you relief from the mental agony you are undergoing.
The harassment or tortures need not be physical, even the oral scoldings, shouting, hurling abuses in filthy languages, putting pressure to do whatever they say like a slave under them and holding back your jewels and dowry amount etc constitutes for all types of illegal acts which can be punished under different provisions/sections of criminal laws.
If the tortures persist and your husband continues to be hostile in the marital conjugal relationship you can even think of dissolving your marriage with him, forget about they giving a chance to you for survival. You are an employed lady who can very well withstand any pressure, so be bold enough to challenge him or his relatives' pressure tactics.
if you have evidence to prove that their allegation that you have alleged about subsistence of indecent relation between your husband and your jethani is false then you can file a divorce case on the ground of cruelty. this act constitutes mental torture and it is an act of cruelty. cruelty also includes mental and psychological cruelty because it affects your feelings and well functioning of mind.
