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Prachi_married (Private Employee)     02 June 2015

Emotional and mental harassment

My husband started harassing me mentally a few months after our marriage. According to him, I could never do anything right. Every inconsequential event was blown out of proportion and was somehow tied to my skills as a home - maker. I am a working wife, and I believe that responsibilities should be shared.

I learnt of a sister of his (not related by blood) who has stopped talking to him because, according to him, he got married. Flimsy as the reason might be, I urged him to go and speak to her, believing this to be a regular brother - sister relationship. He spent 5 hours at her place, and on coming home, stoically refused to tell me the conversation that took place.

She fell ill after a few days and my husband too her to the hospital, refusing my offer to accompany them. This sounded terribly fishy. His phone, laptop, and almirah were always locked. I eventually founf out that he had been talking to her late into the night, while adamantly telling me that he was not in touch with her whenever I asked.

After 2 years of constant harassment (he hit me twice because I foul - mouthed that woman) during which he made me visit a psychiatrist, I gave in to his demand of a divorce by mutual consent. He then suffered a cerebral attack which left him temporarily paralysed on the left side. I took care of him and nursed him back to health. I took him to my parents' and ensured he received regular physiotherapy sessions.

Meanwhile, I stumbled across conversations between him and his father where I found that they have been plotting against me. I decided to let bygones be bygones. I did not tell my husband of the conversations I found and asked him if he was ready to start afresh (given that we were on the verge of getting a divorce). He agreed. He left for his parents' place 10 days after we came home and since then has been harassing me - emotionally and mentally. He has alo tried to opress me financially.

I filed a complaint against him and he was asked to come for couselling sessions. He refused and I filed an FIR. The police has registered a case against him under IPC 498A and 506. I have printouts of emails exchanged between him and his father, where his father has asked him to threaten me and to "no longer spare the rod". In a telephonic conversation a few days back, he has threatened me with dire consequences should I shift houses (I was planning to do so as he has refused to pay the rent whic amounts to half my salary). I have also found original documents of that woman (10th, 12th, and engineering marksheets, employment documents of previous and current job) in his almirah.

I wanted to know the proofs I can present to prove that I am telling the truth.

P.S: I also have sudio files where his father is saying that my mother - in - law also does not want this marriage to continue.



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 14 Replies

saravanan s (legal advisor)     02 June 2015

you have a very strong reason to file 498a and 506.proceed with it. if you think he is committing adultery with the woman gather enough proofs so that you can claim divorce from him on the grounds of adultery and cruelty

Prachi_married (Private Employee)     02 June 2015

Hi Saravanan,

The proofs that I have are telephone records that show conversations happening late into the night. However, these date back to the beginning of 2014. After that, the woman installed WhatsApp and I do not have any records of the same. I also have the documents of the woman found in my husband's almirah and one item of clothing belonging to her. Will this constitute proof enough?

Also, my husband chatted with her recently and I somehow managed to get hold of that conversation. He also spoke to her at length on the day after he reached his parents'. Will this also constitute as proof?

saravanan s (legal advisor)     03 June 2015

whatever converstions or call recordings you have must instill doubt in someones mind (i hope you understand) about the relationship that exists between the two

I also have the documents of the woman found in my husband's almirah and one item of clothing belonging to her. Will this constitute proof enough? no

talking for hours happens between friends too.the gist of the conversation only can tell that

SAINATH DEVALLA (LEGAL CONSULTANT)     03 June 2015

The proofs U have are not that valid evidences(including her saree in the almariah).But as per the query,if U are confident that he has an affair with lady,U can file a case under adultery.498A and 506 are enough for them to face the tune.If everything U mentioned is true and  correct and if U can prove them in the court by engaging an efficient lawyer,U can come out of the turbulance and live peacefully.After going through the entire query,I feel mediation or counselling will be of no use as UR inlaws are also involved.

Adv k . mahesh (advocate)     03 June 2015

it is not clear what exactly you want now from this marriage

you discussed with your husband about divorce what happened have you both filed it or during disscussion he got attacked its not clear

discuss with him as with evidences you can file for contested divorce and you will get divorce decree as they will not contest and also you can force him for MCD also and about other cases time cosuming and even you have to roam through court with evidences

SAINATH DEVALLA (LEGAL CONSULTANT)     03 June 2015

One thing dear querist,

Are U ready to continue UR life with him,if he changes his attitude and behaviour.If not ask him to opt for MCD,which will be viable for both of U.If he (under the influence of his parents) wants to get rid of U,he will opt for MCD.In case these things don't work out favourably,expediate the 498A and 506 cases to UR advantage.

 

Prachi_married (Private Employee)     03 June 2015

I have filed an FIR as I don't think there is anything left in this marriage. I have access to his and his father's call records and I saw that they have been in regular touch with their lawyer even after he promised a fresh start.

I also have phone bills that show long conversations of my husband with that woman, most of which happened late at night after I had gone to sleep. Can these be shown as proof? I have also found photographs in which they are sitting extremely close together - a lot like a couple. I had no clue about these before.

He suffered the attack a couple of days before I was to move out and we asked the lawyer to keep the whole process on hold. My filing an FIR is a bid to make him come here so that a resolution can be reached.

I have copies of emails that have been exchanged between him and his father, in one of which he has admitted to hitting me. I also have video recording of his admitting to hitting me again. All of these, combined with the evidences of that girl's presence in his life - do they stand to make an adultery case?

Prachi_married (Private Employee)     03 June 2015

I really wish I could believe that he can change his ways and attitude. Nothing would make me happier than to spend my life with him, as I still love him. My love for him is unconditional, but saldy, I cannot say the same for him.

I am being forced to take this step to protect my sanity and integrity :(

SAINATH DEVALLA (LEGAL CONSULTANT)     03 June 2015

No madam these evidences are not sufficient.

Prachi_married (Private Employee)     03 June 2015

All right. But I can hold the emails and recordings as proof of harassment, right?

Prachi_married (Private Employee)     03 June 2015

Also, how does one gather proof for adultery? I mean, it is extremely difficult to catch someone in the act :(

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     03 June 2015

If your husband has any relationship with another woman, that would not amount to adultery either under IPC 497 or any other India Law, which I know of. It would be adultery if the other woman is married to another man and her husband only is the aggrieved party to file a case against your husband and not you.

saravanan s (legal advisor)     03 June 2015

if you could show some proof that they stayed alone outside for a considerable amount of time which could raise suspicion when produced with other proofs like call recordings, messages,mails  that points towards possible act of adultery is enough

T. Kalaiselvan, Advocate (Advocate)     19 June 2015

The experts/lawyers have very rightly analysed and opined properly to your query. The evidences in your possession may not even  corroborate your suspicions because they do not contain anything fishy as you suggest. If you find your married life with him is nor more feasible to continue you may better decide to call it off instead of constantly worrying about he events happening in front of your eyes or at your back causing constant mental worries. 


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