You are residing in the house that is owned jointly by you and your husband whereas the latter has moved out to a rented property. He is free to live apart in a rented property. You can file a petition for restitution of conjugal rights against him to seek judicial directions to him to reside with you and perform his matrimonial obligations. This apart, a case of domestic violence can also be filed against him to seek right to protection to restrain him from committing any further act of domestic violence against him.
Please help what steps have to be taken
My husband is harassing me for silly reasons . There is a lot to explain but the space here will not be sufficient . He tortures me for silly reasons , I am only daughter to my parents and abuses my parents for what I do and he calls them to complain about me . It's been 8 years we got married and many times our elders tried to explain him about his short temper but he never cares and feels he is not at fault .gJust before a month he beat me hard though my 2 years kid was in my arms and later he left the house and now he came with his parents and asking us to vacate the house . I said I will not leave as its my house as well The house is our own apartment registered on his and my name . They have taken away all the movable properties from my house leaving me and my kid abandoned and he is asking me to give divorce and says that he will sign immediately on those papers . Every time previously he fights he used to send me to my parents house and after 6 months he used to call all my elders and complain about all the silly reasons and they would tell us this happens in all families and unite us , but it never stopped . Now it has come to a peak situation he told me to leave the house but this time I said its my house so with anger he left the house and had been staying in rented house by taking away all movable properties and torturing me every week with vulgar language to vacate the house or to pay the complete amount of apartment to him...Not understanding what to do . Please help. Can I go and approach women's protection cell .
Asked 8 years ago in Family Law
Religion: Hindu
8 Answers
1) file DV case against husband , seek protection order and alternative accommodation
2) also seek maintenance for yourself and child , compensation for mental torture undergone by you
3) record all husband threats . it will help you in court case
4) also file 498A case for continuous acts of cruelty
1. It is your mistake to tolerate his torture for 8 longs years with out seeking legal remedies,
2. It appears that it is a bad marriage and he has take too much for granted,
3. Audio/Video record all his tortures/abuses etc as much as you can for submitting as evidence before the Court at appropriate time,
4. File a DV case against him and his parents with a prayer for maintenance for you and your wife,
5. Not only that you have the right to stay at the house of which you are the joint owner, it is also that you can stay in his house or at the house where he is staying, as his wife,
6. One day call him to your house or wait when he comes there and record his arrival to your said house,
7. File a police complaint u/s498A of IPC before the local police station after he leaves your house,
8. You shall have top take bold decision to call of the torturous matrimonial relationship legally.
Thanks a ton for your replies , but I have waited this long because my parents are govt employees and I work in IT so we are afraid of cases ,so every time we have taken chance to unite with the help of elders . Even now we do not want to file a case but look for other options , is there any chance of counselling sessions which will help to change his thoughts towards me and stop abusing my parents . I have recordings which I had already played before our elders so they told him to stop abusing them but in vain it happened again . So please suggest as its a life time commitment which I cannot leave it
Asked 8 years ago
Your case is a fit one for a criminal complaint under section 498a for his cruelties agaisnt you all these years.
You can lodge a police complaint against him for this atrocity done by him.
You can also file a domestic violence case seeking protection,maintenance for you and your kid and residential rights.
You can approach even the women protection cell for protection against his violent activities.
The more and more you remain idle without responding to his atrocious acts, the more he will be encouraged to indulge in much worse activity against you which may even endanger your life
So better get into action at least now without giving him another chance to improve.
He will not mend his die hard habits.
He has to be taught a proper legal lesson so that he realises that he cannot play with law and understands the value of others life also.
You can visit family counsellor with husband to resolve your disputes
2) if counselling fails file DV case as advised
If you file a petition for RCR the court can refer the matter to mediation to iron out your differences.
1. How does your parent's being govt Employees and your working with I.T. Firm stopped you in seeking legal recourse?
2. It is prudent to try to avoid divorce which is considered as the 2nd most stressful event in one's life but you have endured much more stress for last 8 years without having any ray of hope in sight,
3. You have audio recorded his abuses but in place of taking legal action with the help of the said evidence you have played it before the elders who were found to have no controlling influence on your husband,
4. If you file a DV or divorce case, both of you shall be referred for mediation which he may choose not to attend for which the mediator will return the case to the Judge with a report that Mediation failed,
5. You have only two choices left before you. Either accept all his misdeed and continue to stay with him or seek justice from Indian legal system.