On April 2015 after 2 years of our marriage i gave birth to baby girl and my whole family wanted a boy even my husband and they where not happy. but any how my husband got normal and from hospital i came to my parents house and then me and my husband decided I will be staying at my parents place since he will be joing the work . My husband works in merchant navy and my in-laws are 70 cross so we both decided that i will stay with my baby to my moms place till he comes back from ship and he came in 29 dec 2015 and in JAN 2016 i was suppose to go to his place . When he was on ship i use to take my daughter to my in-laws place on Sundays. i have 3 sister in-laws who stays in same building and there children’s most probably stays at my in-laws place .My nephew who was one and half year old use to hit my girl in front of my in-laws but they use to ignored it and this use to happen frequently when i use to go there so I inform the same to my husband on ship about the insecurity of our daughter to keep there and we both decided to keep our daughter to my parents place when i will join office since the distance between my moms and my in-laws house is 15 mins. We deiced in morning while going to office will keep our daughter to my moms place and in evening while coming home will get her wid me . My husband was all ready for this when he came in December and as we decided i was about to go to in-laws place and started keeping my daughter to my moms place. Suddenly one day my elder sister in-law who is doctor by profession come to my matrimonial house and says my daughter is week her bones are not strong so she is not able to stand or crawl properly in Jan my daughter was about 9 month old and after that my mother and father in-laws started there drama on dat when i asked my husband to revert he said i had lied to him abt his parents that they dint look after my kid so u go and deal with it. after this incident one Sunday evening my elder sister in law come to me in my room and warns me that my daughter will stay here she will not be kept to my parents place and even my husband got changed even he started saying she will stay here she will not be at your parents place anymore i dint revert anything to them just to avoid fights and i was concern about my daughters security. I continued my schedule as decided then my 3 sister in-laws ,father and mother in law started saying to my husband that the money which he gave me for my daughter expenses i have used it. But whatever i use to do even vaccination i use to inform my husband when i use to get call from him from ship . In Jan 2016 somewhere around 15th or 16th our daughter was not well so i called my husband and told him she is having fever her temperature is abt 102 degree will stay at my parents place bcoz the doctor was in next building only whr my mom stays. He disconnected cal and he dint call and ask about our daughters health next day again i told him but he disconnected the call after that i dint go to my in-laws’ house i told my husband i don’t feel my daughter secure over there in my absence either i will quite the job and will stay there to matrimonial house or will keep my daughter to my moms place you decide and let me know than only i will come to your place coz every time he changes in front of his parents. he dint reply anything in Feb 2016 in between he called me and started saying we will get separated through mutual concern and i dint wanted to be separated and i was firm on my decision and he continued saying same On 6th March 2016 i wanted my Lic documents and my clothes so i went to my matrimonial house he dint allow me to touch any of my clothes or documents he demanded all the gifts which he gave me to return and then take my belonging i called up my sister and tld her to get the stuff till that time i was gathering my stuff suddenly he got up and started hitting me he was lyk i tld you not to touch anything till you get all gifts and my in laws where laughing by seeing this incident no one interrupted in between to stop him after seeing all that i logged a police complaint against him since this was for the 4th or 5th time he has raised his hand. And after the police complaint my husband and in-laws started new drama . My husband doesn’t meet me or call me to ask about daughter he is saying he is not safe with me i am trying to trap him. He has blocked me from all source of contact from where I can reach him .He have send me a legal notice wherein he has mention i have to come to his home along with our daughter with in 15 working days and i gave him reply saying I am willing to come to his place he has to come to my home and take me and our daughter along with him but he dint come i have send a reminder letter to him including the scenario where in i was not allowed to enter the home after sending me the notice to come home within 15 days . My husband is saying take all allegations back which i have made in him and his parents in Mahila ayog and then you can come home. From Jan 2016 he has not given a single penny for my daughters expense .He wants me to show him all my saving and if me not showing him all my saving and bank statement than there is no use of going ahead my mother in-laws wanted my salary to be given in there hands which I denied Within the second month of our marriage somewhere around Jul 2013 they started demanded money from me and since I had loan on me which I took for our wedding I denied to give them coz hardly there use to be some penny left for me from which I use to bare my expenses . By using this loan issue my in-law always harassed me and forced my husband to have fight with me on this point . I told him we will stay separately coz there is lot of interference of my in-laws in our life and will show you all my saving. But he is not ready. i tried telling him if we stay there their will be always fight because of interference and comparison . I dont want to get separated but he is not coming to take me nor they are allowing me to get inside the house. Nor his lawyer is replying to my legal notice. I want to stay with my husband for my daughter because she requires fathers love too. Request you to please suggest me what can be done .
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1) you can file Dv case and seek right to stay in matrimonial home or alternative accommodation from husband
2) in addition seek maintenance for your daughter and compensation for mental torture undergone by you
3) you can also file petition for restitution of conjugal rights under section 9 of HMA
Your husband's lawyer is not bound to reply you nor he is responsible for your husband's attitude or behavior with you.
You have to deal with your husband directly, i.e., by filing a domestic violence case seeking the relief of protection to your life, residential rights and maintenance for your child (since you are employed, you may not be eligible for seeking maintenance for yourself).
You may implead your parents in law, sisters in law in the domestic violence for not allowing your entry into the matrimonial house which itself constitutes domestic violence.
The incidences of your husband assaulting you and other physical tortures can be termed as cruelty or act of cruelty for lodging 498a case against him. Refusal to give your property will constitute the offence for breach of trust under section 409 IPC.
You can lodge a criminal complaint in this regard with the concerned police.
You can even write to your husband's employer directly seeking intervention for your husband's hostile attitude towards the maintenance of the minor child which he is ignoring.
You have lot of remedies through legal process, you may contact a good advocate and proceed on the lines of their proper advise to fetch you the desired relief.
There is no law by which he can be forced to live with you, it is his wish that he is not willing to live with you.
Best option is that try to settled the matter amicably with him and get MUTUAL CONSENT DIVORCE.
otherwise, file the domestic violence case and claim residence order, child custody, maintenance for child and compensation as per section 19,/29, 21,22 of Protection of Women from Domestic violence Act. 2005.
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1. During the subsistence of your marriage you have the right to reside in your matrimonial home, which you can enforce by seeking a residence order through a domestic violence case to be filed in the court of the judicial magistrate. Furthermore, you may also claim protection order to preempt any further act of domestic violence within your matrimonial home.
2. You also have the right to claim maintenance from your husband for yourself and child.
Now I have received a revert to my notice where in my husband has lied in each and every point. He has mention he ready to accept me and my daughter on the condition I should not keep any condition while returning to his plqce and I shoild withdraw all the allegation and complain which I have made in mahrastra women commission. I dont understand how to go further. My condition was I will not keep my daughter who is one year old in my absence in my matrimonial house I will keep her to my moms place. Where in he has dennied for this I want my child to be secure so I cant take a risk to keep her witj my inlaws. Can any one please suggest me is there anyway out or can I file a case against him but I dont want divorce I just want to settel all this please suggest me what can be done
1) you can have meeting of the elders of family to resolve the issue
2) visit a marriage counsellor to resolve the differences
3) keep full time maid for child in your in law house
4) since you don't want divorce compromise
Now I have received a revert to my notice where in my husband has lied in each and every point. He has mention he ready to accept me and my daughter on the condition I should not keep any condition while returning to his plqce and I shoild withdraw all the allegation and complain which I have made in mahrastra women commission. I dont understand how to go further. My condition was I will not keep my daughter who is one year old in my absence in my matrimonial house I will keep her to my moms place. Where in he has dennied for this I want my child to be secure so I cant take a risk to keep her witj my inlaws. Can any one please suggest me is there anyway out or can I file a case against him but I dont want divorce I just want to settel all this please suggest me what can be done
Now it is yo who have to decide about this issue.
You should remember that the child belong to both of you and not only to you.
If you want to enter into his house, you have full rights as his legally wedded wife to enter inside,
Take the help of mahila commission and seek the protection of mahila police to enter into your matrimonial house.
Besides you can continue the domestic violence case simultaneously until a nexus is arrived at.
If you do not want to file divorce then remain strong in your decision.
If you do not want divorce but only want the custody of your child then you may file a petition for child custody in the court. You are free to keep your daughter in your parental house unless there is a court order to the contrary.
File a domestic violence case against them before magistrate and claim protection, right to residence, child custody, maintenance for child and compensation.