Anonymous
Asked November 19, 2016

Harassment by the husband

  • 6 Answers
  • 1230 Views

I got married in April 2016. It was a love marriage. The boy I married was so much promising and pretended to be caring. But suddenly after three months of marriage he started forcing me for taking a loan for building a house from my salary. I stay out for my work away from home so I have a set of my assets like TV fridge and all for my use. He demanded those to be kept at his residence. He demanded for my father's car which I was using before marriage. His demands kept on increasing my byke microwave laptop,etc. He wanted to forge documents for loan. He also forced me to deposit money in my account to get it exchanged with ongoing ban on 500 and 1000 notes. He forced me to share my social sites account password with him also he forced me to give him details of all my bank accounts and salary. Although I didn't agree to any of his demands. This resulted in verbal abuse calling names insult shouting... And one instance of slapping and wrist twisting many times. Knowing that I am pregnant. I conceived immediately after marriage and he gave me all stress and physical and mental trauma during this pregnancy. It is still on. Kindly help me with a correct advice. Only email.

Answers 6


All what you have mentioned amount to physical and mental  torture and domestic violence so you can file case under DV Act. For details and or legal help if you so desire may contact through this website. 

Agree Comment 0 Agrees almost 4 years ago

Madam 

 

You first decide what you want to do of this relationship. would you like to continue or not. 

If you want to continue then go ahead with family meeting and try to resolve your problems 

If not then go ahead with filing 498A case by filing FIR against him at police station in your locality. 

At this point of time you can do that. 

 

Agree Comment 0 Agrees almost 4 years ago

Hi,

This is a fit case for divorce. You can file 498A application for dowry harassment and later, file a divorce petition. Be silent on this issue so that he doesn't file a divorce petition before you do. if he does, you will not be able to avail the remedy available to you under 498A application. you can also file a complaint under domestic violence act, he can be imprisoned also. whatever you do, maintain secrecy. this person is not going to stick around for very long with you. He will eventually leave for a better prospect if he can't get what he wants. I hope better sense prevail over you. You need to contact a practising divorce lawyer who can advise you in detail and handle your case. lastly, I do hope you have enough records to prove your case. SMS, emails, written documents, medical bills, etc.

All the best! 

Agree Comment 0 Agrees almost 4 years ago

Mam,

We can advise you to file criminal case against your husband and seek divorce in the given facts and circumstances, however, considering your sensitive and vulnerable situation, it would be best if we can discuss things and then find a solution to your prevalent problem.Please feel free to get in touch.

 

Thanks and Regards

Dheeraj

Agree Comment 0 Agrees almost 4 years ago

Dear Sir/madam,

It is a very sorry state of affairs that things like these still happen in many households in our country. Which is why laws like Domestic Violence Act 2005 came into existence in the first place. The acts done by your husband are nowhere even close to be forgiven and should not be gone unpunished, especially when you mention about verbal abuse calling names insult shouting... And one instance of slapping and wrist twisting many times. Knowing that you are pregnant with his child.     

This is a best fit case of “woman subjected to cruelty by her husband” under section 498A of the Indian Penal Code.

You have the option of the following remedies :

Filing two separate and simultaneous complaints in the court of law

  • Criminal Complaint
    • Before the criminal court, taking the purview of section 498A of the Indian Penal Code claiming mental and physical abuse. All of this abuse is in the form of harassment by the husband, as stated in your query and also as per law. While filing a private complaint directly before the magistrate, sections like 350 and 351 of the Indian Penal Code representing physical assault and battery can also be added on alongside the 498A complaint.
    • Following the criminal course of action, you can also approach the nearby police station and get an F.I.R. registered in the name of the husband, mentioning all the facts and circumstances - you are subjected to.
    • A separate complaint under the Domestic Violence Act can also be pursued. Sections of the particular act may vary as per the kind of remedy or relief prayed for.

     

  • Family court
    • A petition forDivorce” alongwith “Maintenance” can be filed for as per the Hindu Marriage Act where divorce finds place in section 13 of the Hindu Marriage Act and sections 24 for Maintenance including expenses of the ongoing proceedings whereas section 25 for you and your child’s maintenance from regular income of the husband.
    • You have an option of living separately also, guaranteed by section 10 of the Hindu Marriage Act. This is referred to as Judicial Separation in legal terms.

    Incase you are facing any difficulty pursuing the above advice or want any help in filing the case. Please follow the link below

    https://lawfarm.in/legal_cases/new

    Agree Comment 0 Agrees almost 4 years ago

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