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stani (none)     03 January 2014

How can i deal with my domestic violence case

I am married for 6 years and have a 3year old daughter. despite having a love marriage there was a lot of physical, mental economical abuse over the years. many times i was forced out of the house when i stood up for myself and was punished for months for going against him. I thought the birth of the child would stop all his torture but he continued along with his parents full support , if i insisted not going back to my parents home he would cal my mother in law to help him get me out by tying my hands. my mother in law and father in law wanted me to leave him divorce him... whenever i called for help when my husband broke things at home was scaring and fearing me or picking up a knife to hurt me after the assault i would call his parents for help who would ask me directly to leave him if you cannot tolerate and that is what was happening..he tried every way possible to harm me..to abbet me into suicide by frequent torture,emotionally i was totally broken had to fight for myself and my child but each time i got the strength to fight back he would break me down with physical punishments and dropping me to my parents home as a punishment. he would neither take care of our financial need.... this became difficult for my aged parents and neither could i support myself as my child was too small and my husband would not allow me a job, he dint want me to be independent. he wanted me to rely on him completely and neither would he provide.

he loves his parents a lot. last when he forced me out of the house it was for going against him..i filed a police complaint. he put me out of the house along with my child today i am sheltered at my parents place i have filed an application in the court..  even though my husband was willing to pay the maintainence i asked for my child and me i could not go back to living with him because of his frequent physical, mental abuse and moreover he would throw me out of the matrimonial home as and when he wished.
he has a double personality he is the best of person out with others and just the opposite with me so everyone believes whatever he says. my mediation failed as i was not willing to go back staying with him and is in argumentive stage...

my husband now speaks of wanting me and the child back..is showing his attachment towards d child pays for our expenses but, thats all his game to blindfold people the court...

how can i help myself? i have been constantly blamed for filing this case to extract money from my rich and influencial husband and inlaws also to defame them..they call me psychologically unfit and wants the court to give me no interim relief as i can work for myself.. i havent allowed to work for past many years and i have lost everything in my life including my carrier neither can i fetch a decent job for myself and helplessly tied to take care of my young child who needs me and is completely dependent on me.

how can i help myself ..my case? what happens in the argument stage and how can i seek justice for myself and my child?



Learning

 3 Replies

Simi Salooja (Legal Secretary)     03 January 2014

Hello Stani,

 

Very sorry to read about your case...

please be informed, that the mother has basic and first right over the child.. the court can allow your child to stay with his / her father only after he/ she is 5 yrs... and knowing that you have a girl child. the custody should come to you. All you need a good lawyer to make your case stronger...

ALl the best.

things will fall in place..


Regards

Adv Simi

Mumbai

Ranee....... (NA)     03 January 2014

You can get protection order which can help you to get rid of this mental and physical torture.But if things can be solved amicably then you should try for this first.

So you should go to his house back with child.Because your child needs both father and mother together .If torture continues again then you should file case under Protection of women from Domestic Violence" 2005 asking for protection order and right to reside at matrimonial home. 

stani (none)     04 January 2014

if i give him a chance and step back into his house he will manipulate, and behave accordingly. i cannot bear mentally being tortured. he delibretaly keeps himself away from me and keeps me uninformed of his whereabouts or with whom he is..else he willl not come from work place back home saying he is busy at work and if i ask him his time towards me and the child he says i'm harrasing him and not allowing him to work.

the next torture is he would live with me but not share anything with me, wouldnt talk to me and child he would come home only sleep and then leave for work and he would be with his parents for weekends and lie to me tht he is at work..so its very hurting for me.

i love my child and want her to receive both our genuine love care and affection..though my daughter loves and wishes him as she has hardly got to be with him he would stil walk on her and is trying to proove today in the court tht he wants the child and me back..for what? to torture me again? he finds its fun to hurt and his parents too keep instigating him.. how is the way out?

pls advice


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