Mental torture
Guest
(Querist) 29 October 2011
This query is : Resolved
In laws and husband tortures me mentally. And sometimes physical tortures i have faced. Now my husband has applied for case as "void/nulling marrieg".
I have sacrificied everything for him. But now he filed case and left me and went. My entire life s lost cause of him.
what complaint should i give against him? where to give? polict station or court? EVen his parnts(in laws) have uttered bad words to me.
But how to produce proofs for it?
Pls help.
Devajyoti Barman
(Expert) 29 October 2011
To get redress against the tortures meted out to you, you can lodge complaint against your in laws u/s 498A, 406 of IPC.
You can file case u/s 12 of the PWDV Act for accommodation, monetary reliefs both in lump sum and monthly basis.
You can file case u/s 125 crpc as well for additional monthly maintenance.
Sankaranarayanan
(Expert) 29 October 2011
yes mr barman given good advise , if you really need the remedy and relief from him either personal y and legally then do accordingly
Guest
(Querist) 29 October 2011
ok. will do it. I am an IT employee.So i dont think getting money its possible. ANyways not bothered about it.
His lawyer spoke to me and threatened me that i cant go to police station n arrest him since they have the petetion. But I didnt recieve any petetion so far. If i get the petition he and in laws cant be arrested?
Guest
(Querist) 29 October 2011
1. I shoudl give complaint in police station or court ya?
2. What proof should i provide them ?
(only his relatives were around us when they scolded me badly). So i dont think they will come and tell the truth
Sanjeev
(Expert) 29 October 2011
police station but think before you give and you are sure you want to punish them as after that no way of reconciliation and it may take years and may prolong the divorce proceedings too. Dont act in anger think once but anyways that your take.
Guest
(Querist) 29 October 2011
Divorce proceedings? i m not applying for divorce, sanjeev.
I was sacificing everything ya. But he s acting to me and now left me and applied for case for "marriag nullify".
I spoke to him n cried and askd him to come home since i m stayin alone. But he cuts the call. His lawyer told me to wait for 6 months to rectify him. How can i wait for 6 months ya. i m fed up.
ajay sethi
(Expert) 29 October 2011
you should engage a lawyer . file an application under domestic violence act against your husnband and in lawsbefore the magistrate
you can claim right to maintenance , right to stay in shared household .
you can also lodge police complaint agaisnt your husband and in laws under section 498 A
Guest
(Querist) 29 October 2011
Ajay -right to stay in shared household
whats this? Me n my husband should stay in same house? Is this the meaning.?
his lawyer told me He has appli for "nullify marrig" and so no police complint can b acceptable. Thy cant arrest him also liktht. Is it?
ajay sethi
(Expert) 29 October 2011
shared household means household of your husband wherein you have stayed together after marriage .
as far as nullity of mrriage is concerned we dont know facts of your case.
when were you married?
on what grounds husband ahs made application that marriage is nullity/
have you been served with copy of petition?
Sanjeev
(Expert) 29 October 2011
You dont need to follow his lawyer his lawyer would not give you advise that is suited to you but that is best for him so dont act or believe what he advises. Applying for nullity dont mean anything you would obviously get summons and you would put your side through.
Shared Household means that if you apply for a relief under DV Act there is a provision for asking from relief from court that court shall grant you place to live in the same house where your husband and you last resided. In case that belongs to him then if court grants that relief than court would demark specific area that you would be using and he or his family would not indulge or disturb you and in case they do they would be liable for prosecution.
These reliefs under DV Act like Shared Household and Maintenance plus compensation for mental and physical tortures can be sought.
The criminal cases that other experts have pointed are like 498A/406 that would involve filing a FIR at police station. Once lodged he and anyone named in the FIR can be arrested without warrants and is the most deadly provision that Husbands do normally fear.
That depends upon you that out of the above reliefs what would you like to go for or both of the above.
Here you have got the options available to you but for actual filing you would need to engage a lawyer.
Nullity need to have some grounds and is not so easy to prove I dont know what grounds is he using in his petition that you would obviously come to know when you receive the summons if he files the case that you can obviously defend.
Act basis what you think is desired as you actually know the facts.
prabhakar singh
(Expert) 29 October 2011
you have been advised more than your need.
Now it is time to act.
Guest
(Querist) 29 October 2011
ajay - no i have not yet got the petition. married 6 months back. heard that case s "myself n my relativs forced him to marry me". and grounds what he has used is "befr marrig i got one notice from him that he s not willin to marry".So whn i met that lawyr he advicd him to marry me as he spoild my life by unofficial marrigg which we did dugin our college days. but no proof for it. whn the lawyr advicd him he marrid me officially.
right to stay in shared household - but now he vacated our home.rental home. so i m staying alone thr. he went to his parents home n stayin thr.
If i have applid for FIR/case on him n his parents, whethr the court/polic station will allow me to stay in his home? (Note - i m workin women in IT)
ajay sethi
(Expert) 29 October 2011
he can be calleed upon to pay rentals of the house where you are staying in . consult a lawyer
Raj Kumar Makkad
(Expert) 29 October 2011
I do agree with common views of all experts because much has already been advised repeatedly and now let the querist act practically first.
Shonee Kapoor
(Expert) 29 October 2011
Lady,
You first need to decide what do you want? When I don't know where I am going, all roads lead to there.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Querist) 30 October 2011
Shonee - thnk u sir.
Now i am staying alone. I feel like staying with him happily. But he has applid for case. So whether its possible to stay with him?
His lawyer told me he will rectify my husband and make him understand all. But i am not sure whether this will happen.
First, i want to try to live with him.
If it is not possible, why should i lose my life. So punish him. thats it.
Shonee Kapoor
(Expert) 30 October 2011
Now i am staying alone. I feel like staying with him happily. But he has applid for case. So whether its possible to stay with him?
WHETHER IT IS POSSIBLE TO STAY WITH HIM IS SOMETHING WHICH YOU TWO HAVE TO DECIDE. YOU CAN ALWAYS APPLY FOR COURT ASSISTED MEDIATION AND CAN GO TO PROFESSIONAL MARRIAGE COUNSELLING TO GET OVER THE DIFFIRENCES, HOWEVER IF ONE PARTY FOR ANY REASON IS HELL-BENT ON NOT STAYING IN THE RELATIONSHIP, THERE IS NO HOPE.
His lawyer told me he will rectify my husband and make him understand all. But i am not sure whether this will happen.
:-) YOUR LAWYER TOLD YOU THIS. OK, SO ASK HIM/ HER, HAS HE/ SHE BEEN ABLE TO CHANGE THE BASIC NATURE OF HIS/ HER SPOUSE.
First, i want to try to live with him.
If it is not possible, why should i lose my life. So punish him. thats it.
REVENGE IS A BAD EMOTION. GET OVER IT, LEAD LIFE HAPPILY. YOU DON'T NEED TO BUILD FALSE CASES TO ACTUALLY SEEK REVENGE, YOUR SUCCESS AND HAPPINESS ARE THE BEST REVENGE FOR THEM.
REGARDS,
SHONEE KAPOOR
HARASSED.BY.498A@GMAIL.COM
