• Harassment from husband

I got married in 2008. From the time of marriage my husband used to harass me for money. to give my passbook and ATM card in his custody. He used to hit me from the second month of marriage. He hit me even when I was carrying. Today my daughter is suffering for that torture, mental harassment and hitting. My daughter was born with congenital condition and she was operated for spinal cord surgery. If he is angry with somebody he used to show it on me and my daughter. but still i compromised because i had a daughter, Now i am in my parents house from 11th August 2016. Earlier, the same issue that he hit me was taken up till our church Pasteur and was sorted out. But my husband keeps telling and torturing even today that me n my parents insulted his parents by calling n speaking on my husband behavior. I came out of house on 11th August, when he used vulgar words on me and raised hand on me, I wanted  to tell this to my mother in law she didn't even take interest in talking to her son. I went to one of his relative and told all the problem and used bad and worst vulgar words, that nobody uses on a women. now he is telling because i went through one of his relative to solve the issue, he is asking me a paper in writing that he didn't hit me and then only i should enter the house, I and my daughter is mentally affected and i am physically and mentally tortured for his behavior. after 1 week of this incident, my daughter school teacher said my daughter behavior in class is different has anything happened  with her in the house. I am worried now because of my daughter health and mental condition. Please advise what i am supposed to do..
Asked 2 months ago in Family Law from Bengaluru, Karnataka
Religion: Christian
1) file complaint under section 498A against husband for continuous acts of cruelty

2) fie DV case against him and seek protection order, alternative accommodation , maintenance and compensation   for mental torture undergone by you 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1) i presume contribution has been by cheque . seek share in house

2)your bank statements showing transfer of funds will help you prove your contribution for purchase of house

3)when both are earning both have to should der responsibility of the kid 

4) you can file complaint under DV act before Magistrate 

5)_ contact a local lawyer
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1) would builder give certificate that payment was received from you of X amount in cash 

2) have yo declared cash payment  in your income tax returns? 

3) it would be difficult for you to prove that money was with drawn and pad to builder 

4) depending upon your contribution you would have share in property
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
if you have evidence to show that at the time of purchase of that property you have also paid money then you will get share in the property. it is not necessary to show that you had been earning at that time. it is presumed by the law that every woman has some savings. your share in the property shall be decided on the basis of contribution in the purchase of property. 
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
you can add your cash savings with the money transferred from your account and increase your share in the property. 
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
Since your husband has meted out cruel acts against you and also he has taken away all your money and also had been torturing you from the beginning of your married life,  all these offences come under domestic violence, dowry demand and harassment, you can very well lodge complaint agaisnt him for assaulting you, abusing you, throwing you out of your matrimonial home, demanding dowry and taking away all your money and your articles inclduing jewels, with the local police who will book proper cases against him and you may get a relief if he is coming down.
You can also file domestic violence cases against him seeking relief of protection, residential rights, maintenance for you and your daughter, compensation for all the cruel acts and insuls that were meted out to you.
You can file a maintenance case under section 125 cr.p.c. too for both you and your daughter.
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0
I have contributed to buy plot in bangalore and gave all my saved money for the past 7 years to him to buy assets, Now i have none for my daugther. And now while filing case, is there if they ask any evidence??? what are the possible ways as husband also has equal right to look after her future. To file DV case, what are the rules and procedure.

If the property is in the joint name then you can claim your share in the property.
For your daughter's maintenance you can file a maintenance case under section 125 cr.p.c.
You can claim residential rights in the property.
For filing DV case, you can contact a local lawyer for all other guidances in this regard. 
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0
The money to the developer was given by cash. but the withdrawal of funds is reflected in my bank statement and can be checked with the date of registration/purchase. hope this would do fine? is 50% share rule in existing or is it still under discussion.

The cash payment cannot establish the fact of your contribution towards the purchase of the flat.
However there is nothing wrong in trying to put opressure on him so that he comes down for negotiations on it. 
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0
1. You have to decide what you want to do. You are at liberty to file a petition for dissolution of marriage on the ground of cruelty and also file a criminal complaint for causing hurt and criminal intimidation against him under sections 324 and 506 IPC.

2. You may also file for maintenance for yourself and your daughter as it is his duty to support both of you financially. This apart, alternate accommodation at his expense can also be given to you by the court.



Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. Your oral testimony may be sufficient for you to seek protection order whereas to get compensation from him you will have to prove domestic violence more strictly. 

2. He is bound to maintain his wife and children. The court will call a report from the protection officer and then try the case on merits,
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

Under the present Indian law a wife has no share in the property of her husband. The bill providing for a 50% share to women has not been passed by the Parliament.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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