Facing abuse in marriage
I am facing domestic abuse and blame all the time for no mistake of mine, abusing my character and physically torturing me. I am worried about my kids future and family reputation to approach law as well as not able to take a bold decision of getting divorce. Need an advice.
Since how long you are begin harassed. If you will not take any decisions, you will be harassed for year together. Proceed legally, police and courts will give counseling to your husband. There may be a change in your husband attitude.
The first thing you need to do is to think beyond emotions. Abuse is not somethiing to which you should allow yourself to be subjected to. No matter whatever be the reason.
If you are worried about your family reputation, talk about it openly in front of them and let your husband face them. It appears that you are dependent on your husband for financial needs. Try to talk it out with help of your family members first.
You can approach the National Commission for Women by writing a complaint to them. That is the smallest legal step you can undertake and one where you will not need a lawyer. That might create some sort of pressure on him and may temporarily or even permanently bring a change in his behavior.
However, it all depends on the kind of stand you take and the extent of the problem .
Still, as a first step- try talking to family members and ask them to mediate.
You have to take a bold decision. Until and unless you will not take a bold decision the things will not be sort out. The other thing you tried to make understand your spouse with the help of your family members friends etc and if the things will not materialize then its better to move forward instead of facing the tortures taunting harassment and abuse and take a decision which will sort out all this..
If you are afraid to take legal steps then try and involve your social peers to advise yur husband and his family.
You can file complaint in women cell in police commissionerate .. Where you resides. They will worn your husband if they found substance in your complaint
First we need further details of your married life problems by conselling you then after evaluation of your problem we can suggest you what legal steps may be taken by any lawyer either by way of Domestic violence act or Divorce or other women oriented laws made for their abuse and justice . Loking at your problem it seems good to file for Domestic Violence case against your husband and your in laws. For further course of action you can consult me.
I will give you few legal courses that you can pursue, it is your decision which one to proceed with:
- You can charge them under section 323 of Indian penal code, 1860 along with 351. And if her is wrongfully confining you in a place you shoul also book him under 341. Plus file a case under section 489a of Indian penal Code.
- The best option for you would be that you go and inform protection officer or police officer or a magistrate about the act of domestic violence happening against you. Generally each area in a district has their own protection officer. They shall then inform you about your right to make an application for obtaining a relief by way of a protection order, an order for monetary relief, a custody order, a residence order, a compensation order or more than one such order under Protection of Women from Domestic Violence Act, 2005 also inform you about of the availability of services of service providers; availability of services of the Protection Officers; your right to free legal services under the Legal Services Authorities Act, 1987 (39 of 1987). After a case in filed under section 12 of the act the magistrate will dispose off the matter within 60 days of the first hearing and also appoint a protection officer.
Also if you do not have place to go during this whole process, Protection Officer or a service provider requests the person in charge of a shelter home to provide shelter to her, such person in charge of the shelter home shall provide shelter to you in the shelter home.
It would be the duty of your protection officer to help you and make you feel safe and also to help you provide legal aid. I would also suggest for you better understanding please read chapter IV of Protection of Women from Domestic Violence Act, 2005, so that you know the correct procedure and rights.
- You can get restraining orders from the court. You can apply for Rule 3 of Order XXXIX of the Code of Civil Procedure, that gives the curt to give temporary interim injunction.
While granting a restraining order the court will observe the following things:
- whether the moving party will suffer irreparable injury if the relief is not granted;
- whether the moving party is likely to succeed on the merits of the case;
- whether the opposing party will be harmed more than the moving party is helped, i.e. he balance of convenience lies with the party requesting for the order.
If you want to apply for permenant injuction, then you should do the same under Sub-section (3) of Section 38 of Specific Relief Act . also according to the Hon'ble Supreme Court has observed that the Court has powers U/s.151 of Civil Procedure Code to issue an injunction in cases not falling within Order XXXIX Rule 1 and 2; however that discretionary power of the court that should be exercised judiciously
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