Torture upon wife by husband
anamika saha
(Querist) 21 April 2014
This query is : Resolved
I have been physically and mentally tortured by my husband and his parents since last three years after my marriage and it became brutal when I was nine months pregnant, after delivery I have come to my parental house with my child (son), I am here since last Feb 2014. I have not registered any complain against my husband to the Police,not filed 498 or any other cases only I have made a general dairy quoted everything to the local police station of my parental house.I thought as I have left my husband he would realise his mistake ,he would change himself but there is no change in him,he has not taken any care to me and our baby, he has not given me a single rupee for our maintenance. On 9th of this month I sent a registered letter to my husband to come here and take me and our baby back and requested him to rectify himself other wise our relation will not be lingered further. He gave me reply, denied everything ,said he never bitten me,raised falls alligation against my parents and he will not come here to take me and our baby son, if I want to go he may arrange for air ticket to go to Bangalore as my husband stay there. My question is this " Should I go there with my baby alone? or can I claim alimony? I am sure my husband will torture upon me again,he has taken all my jewellery in his own custody, how can I get it back if I do not go back ? Financial condition of my parents is not good.Please guide me properly I need your legal help urgently as my husband doesn't bother my & our baby sons conditions.
Devajyoti Barman
(Expert) 21 April 2014
1. You should go without the child first as he may taking the child away force you go out of the house.
2.Yes, you can claim alimony for child and yourself. You can claim rent for your separate accommodation also.
3. You can claim your jewelries by filing case under PWDV Act or u/s 406 IPC.
Rajendra K Goyal
(Expert) 22 April 2014
Try to have amicable solution.
You may try to go to Banglore and take last chance to save your marriage,
If the same does not work you should lodge complaints and file suits at your parental place.
malipeddi jaggarao
(Expert) 22 April 2014
Is it love marriage or arranged by elders? If it is arranged marriage, rope in the elders and find out a solution. Since you have a child, it is too early to take decision to come out of the marital tie. What is the reaction of his parents? You are educated. You explain him that the lives will become miserable if you resort to legal remedy and hence he should push you to the corner. Find out the reasons for his behaviour. Make another attempt and still no improvement, consult a local advocate and handover the case to him.
ajay sethi
(Expert) 22 April 2014
aqree with Mr barman
T. Kalaiselvan, Advocate
(Expert) 23 April 2014
In my opinion avail the chance given to you to save your marriage. Since it is hardly two months that you are living separately from your husband moreover he has offered you to return, why don't you first go restart your interrupted married life first and see if the situation is not conducive and beyond tolerance, you may decide about next course of action, either legally or otherwise through elders intervention. Once at home, take stock and custody of your jewels lying in his possession immediately and secure it in a safe place anticipating any adverse event to lose the same. Better handle thing patiently because the fit of angers and ego will be root cause to collapse the sacred institution of marriage between you both.
