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Shree lekha   12 April 2022

Insulted using abusive language

My husband and I had a fight and he stoped talking to me for a week. My monther in law and his monther are not behaving correctly. My monther in law was very rude to my mother when she tried to speak to her and with my husband. After all these I told my mother that I'll commit suicide because I was not well at that time and no one was there to talk to me there. I was feeling suffocated. My mother and uncle has come to pick me and they told we have to take her home for some work and same time consulting doctor. They agreed and I come back to my home. After that I have consulted doctor they told it's digestive system problem and they prescribed some medicin for the same. Post that my in laws and husband used to call and asked me to come back. But due to health issue, I didn't go. But one day my mother in law scolded my mom and I had fight with my husband. In that time i was depressed because of their action and consulted psychologist. After a month we had gone back and requested to give my belongings but my in-laws and husband insulted and used abusive words and asked me to write a note stating, I don't have any relationship with my husband and later I wrote a note, they gave my belongings. However, I still have some of my items with them. However, 2 weeks back I called my husband and he didnt answer. But last week when I messaged him, again he started calling me and my parents a cheep mentality because I bought my belongings to my home. As he don't have rights to ask my belongings. Also, he want me to give my belongings to his mother. As it's a family issue, I convenced myself as without husband it's very difficult for a woman to lead a life in society. However, now I decided to fight for this as I don't deserve to be insulted. hence, decided to go as per law but not sure how?


Learning

 4 Replies

Aayushi Bopche   12 April 2022

Hello, 

The insult and abuse faced by you from your husband and in-laws comes under Cruelty under Indian Divorce Act, 1869 as you have faced metal illness and it is a valid ground for divorce. You can file divorce case under section 10 of The Divorce Act, 1869 in District Court or High Court.

OR 

You can file case agaist you husband and in-laws under section 504 of IPC (Indian Penal Code) which read as - 

Intentional insult with intent to provoke breach of the peace.—Whoever intentionally insults, and thereby gives provoca­tion to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both.

Thank you

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     12 April 2022

You can connect SHEROES online for your domestic violence and submit your grievances

1 Like

Dr J C Vashista (Advocate)     13 April 2022

It is better to consult and engage a local prudent lawyer if you are unable to reconsile the issues, which are trivail in nature and can be sorted out.

P. Venu (Advocate)     13 April 2022

The story is long-winded. Please post concise facts.


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