ASHI (YYY) 19 May 2013

Advice needed

Respected Sir,

I seek your advice for my marriage problem . I got married last year June . Post my marraige I stated facing lot of problems and issues where my husband and his family are forcing me to go out of the house but stopped myself This was increased to such an extent that I had decided to take a wrong step . But my attachement toward my maternal family had stopped me to take an adverse step. However now that the issue dosent seem to resolve and the husband's family is presurising me to leave the step and fight with me everyday on that continued with bad words about me and my family , I have decided to raise a complaint against them under Sec 498 A/406.

I would like to know few things before I take a strong step as my husband family is pressurizing me to leave this house because I have thyroid issue

1) Is it adviceable to complaint than filing a case

2) What will be the procedure if I want to file a complaint

3) How long will the Police act on it

4) Sicne I don’t want to talk to my husbann’s family alone , Can I ask the Police to give me time to call my family members also to talk.

5) Will my husband’s family be arrested for this

6) Is it necessary to take a lawyer along with me to deal with this or directly approach myself

7) Is it ok if I stay separate from my husband’s family for some time . How will it effcety on our relationship . How do I ask for money for my monthly expenses (partial) to be paid by them .

I have Thyroid as medical issue which is causing all this problem . How does thyroid effect on this as I have learntg that if a person has thyroid problem , it cannot be justified for any divorce case grounds.

Also when the police people calls my husbands family on my complaint , what could be the probable thigs that may come up wen encoutring them as it is a possibility that they can also get a lawyer with them

Please advice . your reply is most awaited

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3 Replies

ajay sethi (lawyer) 19 May 2013

1) 498A is to be filed for dowry harrasment . in the facts narrated by you there are no averments made by you regarding harassment made by your husband and in laws for dowry .

2) if you are victim of domestic violence contact a local lawyer and file complaint under Dv act . you can seek protection order from court against your husband and in laws .

3) you can also seek right to stay in shared household or alternative accomodation , maintenance , compensation .

4) as far as 498A is concerned you cna lodge complaint with local police station against your husband and in laws . police after investigation of offence and recording statement of your husband and in laws arrest them . they may before arrest seek A bail from courts . . better consult a local lawyer before filing any complaint

(Guest)

What`s the nature of the thyroid problem and did you tell your husband`s family prior to marriage about it?

(Guest)

Some one is giving a you a False Advise to file 498A / 406..... If your problem is Thyriod, the solution lies in Treatment. Visit a doctor. May be you are not aware about the perils of filling a 498 A. For the time being you may be able to get a satisfaction by seeing the family of your husband in jail. However the chance of a amicable settlement will become Zero.

Identify your objective?

Is your Objective to cause harrassment ?

It is to get a proper Treatment and be with the family ?

It is better you approach Pune Family court with a lawyer and file for maintance under 125 Cr.P.C. and seek for counselling.

If there is any kind of voilence being infliected upon you by your family, You can approach the court of Judicial Magistarte First Class at Pune Seeking Protection under Domestic Voilation Act.

Your Husband cannot seek divorce by making Thyroid as a Ground. However, if this was a problem prior to the marrige and this condition was not disclosed on the Husband, then making supression of ground for this Thyroid condition, he can seek divorce.

Approach a good Lawyer and seek help of Senior Family members. Try talking to your Husband. Don't Get carried away by people who advise for 498 A.