I am a naval officer wife
i am a naval officers wife, 1.5yrs of marriage. I have undergone dowry harassment and domestic violence from my in laws and husband. But didn't file any complain against them thinking that they might have change one day. But things turned out bad against me day by day ..didn't share with any one. i am move to my parents home for some requirements. my mother notice some injury and mark in my body. she forceful ask me and i speak everything. then my parents speak with my in laws about this matter. then after my husband called me and said that i was exposed him and also said that
You and your whole family came down to my feet ,& say sorry , other wise he filled a divorce against me.... i want your suggestions
Asked 2 years ago in Family Law from Dhenkanal, Odisha
1) file police complaint under section 498A against husband and in laws for dowry harassment .
2) also file DV case and seek alternative accommodation , maintenance from husband , compensation for mental torture undergone by you
3)if husband files for divorce refuse to grant him divorce . seek interim maintenance from husband in divorce case .
You should file a criminal complaint for dowry harassment against your husband and in-laws. Since your husband is a govt servant he will be suspended if he remains in custody for 48 hours. The offence carries an imprisonment of up to 3 years if proven guilty. This apart, you may also file a domestic violence case to claim compensation and maintenance for yourself. If he files for divorce, and you do not want the marriage to be dissolved then you may contest his case.
You should immediately lodge a criminal complaint agaisnt the cruelties meted out to you by your husband and his parents and other relatives.
You can include dowry harassment also in your complaint.
The physical assaults and criminal intimidation may also be included in your complaint.
In the event of any ill treatment or attack on your modesty, in the complaint you can include the offences relating to out raging the modesty as well.
Apart from police complaint, you may file a complaint with the judicial magistrate court for the offences of domestic violence seeking protection, compensation and interim maintenance besides relief for the violent acts agaisnt you.
If he is filing the divorce case as a retaliation, you may challenge the same properly in the court, just do not be worried, law is common to all, he cannot prevail over you even after committing atrocities agaisnt you.
Hi, Without your consent he will not get divorce and one more thing he may file petition for divorce on the ground of cruelty but he has to establish cruelty before the Court and if he fail to establish the Cruelty then his petition will be dismissed.
2. It is the duty of the husband to maintain his wife and children so you can file a petition under section 125 of the Criminal Procedure Code for maintenance.
First without any hesitation you should go to your nearest police station and file the following:
1) file a case of Domestic violence under Section 12 of DVC.
2) File a case of 498A and Sec 3 and 4 of Dowry prohibition act.
If possible please do visit a hospital and get a medical report on the injuries sustained by you.
Once you file the above cases, probably your husband and your in laws will realise their mistake and apologize and reform themselves.
If they do not reform or change their mind, then no point in living with a husband and in laws who do not respect their daughter in law and you should move the court for Divorce.
Please be aware that courts and police station are there to protect you in all aspects and will also ensure that you are provided with a) residence orders, b) financial compensation and c) Protection from abuse
Do not hesitate or Tolerate such behaviour.
1. First decide whether you will continue to accept this brutal torture or fight back. If you decide to give back, lodge a police complaint alleging dowry harassment u/s498A of IPC by sending the complaint letter by speed post to the police station of your inlaw's place,
2. File DV case at your place,
3. File a petition for maintenance,
4. Send a complaint letter to his commander narrating the entire fact,
5. File a divorce suit claiming heavy compensation for ruining your life and start your life afresh.