Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

hamin (aa)     30 September 2014

Very urgent - application for atrocity

Hello,

I am a girl. I got married in last Dec. My husband belongs to ST category(He had changed surname to general category) and I am from General category. 

I have been mentally and physically harassed by my husband and in-laws. and my mother-in-law and father-in-law took keys of my husband's house in April. I do not have access of all my belongings till now. after lots of tries from my side to solve the problems amicably, but my husband and in-laws do not co-operate. Neither communication been initiated from their side nor they responded to us.

Finally I took help of law. I send notice to my husband to take me home and co-operate to solve the matter. But I did not get any response to that. I took help of welfare center to help us by mediation. In first session my husband did not attend. I filed Section - 9 in family court. In second session my husband come to mediation center and he told that person, I'll not take her to my home or in my life ever.

After trying every way, I filled DV case for the harassment, I had faced in my matrimonial home. My mother-in-law had made some demands in 2 months. In which my father bought me Oven to save my marriage. and gave some cash amount as well. I and my family never wanted to ruin the marriage, so we made every possible efforts, and with hope we did not file 498 against them for their demands.

After 3 months of my notice, I got answer for notice, stating they are ready to take divorce or to take me home back. That is after the 2 dates of court matters. My lawyer suggest me that we do not need to reply to that notice as it is answer of our notice, and we have filed section - 9 after waiting so long.

Today my father got call from DSP office, stating that my husband had gave application in DSP office to file FIR against my father and my brother under ATROCITY. 

My father is supposed to go DSP office with all legal procedures papers. 

I need to know from here is:

 

1) Can atrocity filed against in-laws in such situation? as it is pure misuse of low.

2) What steps should me/my family take in such situation for Atrocity case?

3) After all this I am not feeling secure to go in my matrimonial home back, but as I have filled section-9, what should I do? In case situation comes, can I ask for assurity of my safety in court from my in-laws?

4) Did i take right step by not filing 498 against them for the demands made by them?

5) Any other things I should take care or steps I should take?

6) Procedure of filling atrocity?


Learning

 2 Replies

LoneFighter (IT)     30 September 2014

@hamin:

I am really sorry for the predicament you are in.

Atrocities act is to safeguard sc/st s civil rights. If any apartheid is showed against them, But, this law is being misused. Do not worry, right now, talk to you advocate and see if you can get a fir copy and make sure to get a Anticipatory bail in case if they have mentioned serious offenses. 

Plz go ahead and file a DV case against them. looks like they truly deserve such treatment. If my sister is in the same situation as yours, i would suggest her to take divorce as well. Its not the end of the world. 

 

hamin (aa)     30 September 2014

Thanks @LoneFighter.

 

Dear Expert, Kindly Guide me. 

 

Thanks in Advance.!!


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register