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Domestic violence and dowry issue

(Querist) 07 October 2016 This query is : Resolved 
Hi, my name is Sonia. I have been married since Feb 19 2013. Ours was a love marriage. Marriage was done with both the family s blessings.

But my in laws didnot like me but as my husband was the only earning member at that time they agreed for the marriage.

After marriage there were many family issues at home everyday. My husband started listening to his patents more than me.

Domestic violence and dowry issues arose and became a daily issue.

After 1 and a half year, we separated from my in laws. My husband keeps on torturing me verbally and physically saying that you have separated me from my family.

Last august 2016, he beaten me and since I had lost patience, I did a police complain. My husband eloped from there.

Its been 2 months now he has left his job and sitting at his moms place. Now he is not lifting my phone and doesn't want to talk me as well.

I am staying at my moms place. I have a 2 and a half years old daughter. I don't know what to do.

I do not want to divorce him. Please suggest me what to do?

Soniq (Querist) 07 October 2016
Please help
adv.bharat @ PUNE (Expert) 07 October 2016
Sonia ji u can take help of your senior member of your family and try to have discussion with all family members.

By mediation technique you can accept your fault and promise each other that we will leave together by forgetting all previous matter.
Guest (Expert) 07 October 2016
Ms. Sonia,

If you don't want to divorce your husband, in what respect you desire help from the experts.

So, please state, what exactly you want from the experts?
Kuummaar AS (Expert) 07 October 2016

After rendering advice at

http://www.lawyersclubindia.com/experts/Domestic-violence-and-dowry-issue-619256.asp

it is noticed that same query is here also.
Nadeem Qureshi (Expert) 07 October 2016
Dear Sonia
first of all decide, what do you want?

if you are not ready for divorce, then file a maintenance case against him before family court under section 125 of Cr.P.C. for yourself and for the child.

file a domestic violence case against him and claim protection, right to residence, maintenance, child custody and compensation as per section 18,19,20,21,& 22 of the Protection of Women from Domestic violence Act-2005.

Feel Free to Call
Rajendra K Goyal (Expert) 07 October 2016
try to have amicable solution.

if not possible, under protection enter into your matrimonial house.

File case of DV, 498A, maintenance to force him to break is in activeness ant to reach at any solution.

Agree with the advice from the expert Nadeem Qureshi.
Kumar Doab (Expert) 07 October 2016
Apply your own judgment.

Involve elders of the family and try to save the marriage.


In your own city you may find sensible social workers/NGO's that can help in counselling and making you understand the finer nuances.


Try to be financially independent ASAP.


Kumar Doab (Expert) 07 October 2016
You have posted that:

"my husband was the only earning member ..............saying that you have separated me from my family."


This hints that your husband/in laws are looking at substantiating grounds for divorce.



Keep everything in your mind and act to defend your interest and future.



A very able counsel can help you further.



Expert Mr. Nadeem Qureshi has provided inputs that you can benefit from.

R.K Nanda (Expert) 07 October 2016
Nothing to add more.
Rajendra K Goyal (Expert) 08 October 2016
Repeated query:

http://www.lawyersclubindia.com/experts/Domestic-violence-and-dowry-issue-619256.asp
Kumar Doab (Expert) 08 October 2016
Son can divorce wife if she tries to separate him from aged parents



The Supreme Court of India, has held, in recent judgment,on OCTOBER 06, 2016.


Download from:


http://www.lawyersclubindia.com/forum/Son-can-divorce-wife-if-she-tries-to-separate-him-from-aged-parents-143022.asp




Approach your able counsel.
Guest (Expert) 08 October 2016
Ms. Sonia,

Probably you have now got, with the last response, what you wanted to solve your academic query.
Rajendra K Goyal (Expert) 08 October 2016
Agree with expert Kumar Doab in view of the recent Supreme Court Judgement.
Kumar Doab (Expert) 09 October 2016
Thanks Mr. Goyal.

The judgment from apex court shall have its own effect.
Soniq (Querist) 10 October 2016
thanks for the advice everyone.
Soniq (Querist) 10 October 2016
my husband is not contacting me. he has blocked me on fb and also over the phone. he was the only earning member when he got married. now his elder and younger bro both earn including his father. his elder bro is not married also. his mom called and want me to stay at their place. my husband has left his job and now staying with his family.when he was earning well there was always finanicial issue. now he says he will do any small job bt stay at home. my concern is when my husband was taking care of everything at home i had to beg for rupees from my my mominlaw. now the situation will be harder for me . hence what i wish is that since i am at my moms place
Soniq (Querist) 10 October 2016
i want to work and take care of my baby. my concern is for how long i can stay at my moms place without contacting him or going to my husbands place. is it legally correct or can he take one sided divorce on any ground?

what are the legal consequences that can happen if i do this and dont go to meet my inlaws as they are calling now.
Soniq (Querist) 10 October 2016
please help
Soniq (Querist) 10 October 2016
please help
Soniq (Querist) 10 October 2016
please help
Siddharth Dev (Expert) 10 October 2016
One solution is settlement amicably
I suggest not to go for endless litigation
Guest (Expert) 10 October 2016
Only you can help yourself by making appropriate adjustment in in-laws family to ensure both the family s blessings to both of you continued basis.
Rajendra K Goyal (Expert) 10 October 2016
I have advised earlier, you can also ask and get protection for stay orders.
Kumar Doab (Expert) 10 October 2016
In addition to what has already been discussed.


Keep evidence of everything that has been bothering you.


Win confidence of everyone. Keep the family united.


Become financial independent.


Cajole everyone to return the original blank papers signed by you.


Keep some elders by your side also.




Soniq (Querist) 10 October 2016
Please suggest for how many months I can stay away from my husband to avoid any legal consequence s
Rajendra K Goyal (Expert) 10 October 2016
If you go to meet or prefer not to meet your laws, in your views what consequences can happen?

If marriage can be saved, no harm in trying.

Try to have independent source of income.
Soniq (Querist) 10 October 2016
I mean if I don't meet my husband and in laws for at least a year or so, is there any way he can apply for one sided divorce.

If he can't do so I wish to stay away from him for at least 1 year so that I can earn some money and help myself.
Soniq (Querist) 10 October 2016
I m not very sure if they will let me work or not.
Kumar Doab (Expert) 10 October 2016
They are calling you.

Why to remain away.
Kumar Doab (Expert) 10 October 2016
Go thru:


http://www.lawyersclubindia.com/experts/Spoilt-honeymoon-false-accusations-and-subjecting-the-husband-and-his-family-to-mental-cruelty-is--619586.asp
Soniq (Querist) 10 October 2016
Thank u for sharing the case study. However, I am not showcasing that I am the victim. I am seeking tje best advice. Going to my in laws house is obviously the last option. But since my husband is not contacting me, he is blocking me and avoiding me over the calls is making me upset. I do not want to go their place to get only disrespect.

Hence I wish to know if I can stay away for some time from my husband and for how long.
Soniq (Querist) 10 October 2016
Thank u for sharing the case study. However, I am not showcasing that I am the victim. I am seeking tje best advice. Going to my in laws house is obviously the last option. But since my husband is not contacting me, he is blocking me and avoiding me over the calls is making me upset. I do not want to go their place to get only disrespect.

Hence I wish to know if I can stay away for some time from my husband and for how long.
Ms.Usha Kapoor (Expert) 11 October 2016
Agree with experts.
Rajendra K Goyal (Expert) 11 October 2016
If you want to save marriage, never stop taking / communication with all of them, it would improve relation gradually.
Kumar Doab (Expert) 11 October 2016
Involve elders of the family and build some irrefutable record also.


Effort from both sides is required to save the marriage.
Soniq (Querist) 11 October 2016
So I can't stay at my moms place to relax my mind. How can I make irrefutable records
Soniq (Querist) 11 October 2016
So I can't stay at my moms place to relax my mind. How can I make irrefutable records?
Rajendra K Goyal (Expert) 11 October 2016
You can discuss full situation with local lawyer.
Kumar Doab (Expert) 11 October 2016
Your own counsel can advise you in person.
Soniq (Querist) 11 October 2016
OK thanks so much every expert who advised. You all are great help to needy like me.
Rajendra K Goyal (Expert) 12 October 2016
you are welcome.
Kumar Doab (Expert) 12 October 2016
You are welcome.
Kuummaar AS (Expert) 12 October 2016
Soniq,

You have said,

'OK thanks so much every expert who advised. You all are great help to needy like me.'


Which of the opinions of experts suits you the most?
adv.bharat @ PUNE (Expert) 13 October 2016
Try to settled it amicably.
adv.bharat @ PUNE (Expert) 13 October 2016
Your ow counsel can guide you properly.


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