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Kalpana Parmar   01 May 2023

I need to stand for my daughters please help

I got married in 2012. Today I am living with my 2 daughters in my parent house. From day 1 I was tortured physically and mentally by my husband and in-laws. In 2014 My elder daughter was born..I hardly stayed in my in laws house(sasuraal) Madhya Pradesh. In year 2016 there was false case of dowry and domestic violenice filed by my devar and Devrani against me and my husband. I was mentally disturbed stating that this case made me criminal even though I was innocent. Case got quashed in year 2017. I came to Mumbai to stay with my parents as I was scared with my in laws family and my husband also pretended He is with me always but after my 2nd daughter born in year 2018 in Mumbai he showed true colours he has not visited once to see my younger daughter till date. Sir I was waiting for him since from long but now I want to take a stand for my daughters. Please help and suggest what we can do . I want to fight for my daughters right. My parents has given 15.0 lakhs in marriage gold silver vessels and all household items. As torture started from day 1 my parents had filed 1 application in Gwalior in year 2013 to protect me as we came to know after marriage that my mother in law committed suicide due to some incident with father in law in year 2006. Sir they have asked many a times my working earned money. I have ignored everything I was always hoping 1 day everything will be fine but almost 11 years has been passed off . During this tenure I stayed only for 2 and half years in my sasuraal. Sir please suggest what action I should take now as I want to make my 2 daughters to live with pride.Please help


 5 Replies

T. Kalaiselvan, Advocate (Advocate)     01 May 2023

You can take the following steps:

1. File a maintenance case under section 125 Cr.p.c.  for you (if you are not employed) and for your children and ask for at least 50% of his monthly income as maintenance amount to all the three.In the same application you can ask for education exp[enses for both children and you can include the expenses incurred for medical issues as well for all the three;

2. You can file a domestic violence case against your husband seeking a) residence; b) compensation for the continuous acts of cruelty as well as for his hostile activities against all of you all through the years of separation; c) monthly maintenance for you and the children (this will be in addition to the maintenance case you fiuled  under section125 cr.p.c.; d) return of your articles including gold ornaments and household articles lying with  him;

3.  A petition udner section 9 of HMA for restitution of conjugal rights and an applicaiton in the same petition under section 24 and 26 of HMA seeking interim maintenance for all the three as an interim relief. 

4.  If there are any ancestral properties lying in the family, then you can file a suit for partition seeking the share of your minor daughters out of the share of your husband in the ancestral properties. 


5. You can consult an experienced lawyer in the local and proceed as suggested on all such further issues. 

P. Venu (Advocate)     01 May 2023

The facts, as posted, are confused. For instance, what is the relevance of your mother-in-law's demise which happened years before your marriage. The inconsistent and disjointed facts suggests that you are staying away from the husband without convincing  justification.

Please post concise facts.

Dr J C Vashista (Advocate)     03 May 2023

Before taking any legal remedy as advised by expert mr. T Kalaiselvan, which I fully agree and appreciate his acumen yet I feel you must prefer to explore possiblity of amicable settlement with your husband and in-laws with the help of relative(s) / elders / respectable persons in the society / friends and/ or marriage counsellor and save matrimonial institution.

Kalpana   03 May 2023

Sir my mother in law died in year 2006 as she saw my father in law with my sister in law (Jethani) now everything is in her control. My family was not knowing anything about this. As I stayed  for two years in sasuraal I came to know little bit . My elder sister in law tortured me a lot. She was willing from day 1 that I should leave my matrimonial house and go to my parents house. But I stayed too strong that as I got married I will not leave from here but all limit was crossed.. openly I was challenged by my brother in law in front of my husband k muuh biggad k rakh dunga kahinkaa nhi chodunga.. I got afraid and after the false case of dowry domestic violence by my younger brother in law and sister in law in year 2016 I was feeling like a criminal than I left house got worried they can do anything I got mentally disturbed my parents supported me and I stayed back to my parents home from 2016 till date. My husband was also showing that he is helpless can't utter a single word . I have done 1 mistake that I have not listened to my parents to counter file case against my husband and in laws family. Neither I have filed case for maanhaani as I was willing to live with my husband and daughter happily I don't want to get involved in all this case and all. But my husband showed me true colours of him. Now he was coming in between to Mumbai till year 2018 before my 2nd daughter birth .As I gave birth to 2nd daughter in year 2018 he didn't turned back. My case got quashed in year 2017. My husband with my elder brother in law calling late night and telling Mujhe free karde my elder brother in law was shouting and sail le alimony aur talak de. He used abuse words with my mom. This was arrange marriage and my family trust the person who was between this marriage. My father in law says to my relatives hum ladle k dusre shaadi karenge.. I waited for long but not understanding now so I want to take a stand for my 2 daughter. My elder daughter is 10 years old now she is violent not able to focus on studies she missed her father but she knows the fact of life so I want to make her so strong not looser. My younger daughter don't know the meaning of father as she has not seen him. Sir my daughter are growing up I want to remove all dark clouds from their life. They should not feel shame that they are leaving in Nana nani house. Sir I am working and earningapprox 40000 but very difficult for me to manage with 2 daughter in Mumbai in as it was mentioned for claim..Before marriage my husband was having affair from last 5 years I ignored everything as I was willing to start new life . He also supported me only for showcase nothing was original. He is showing true colours now. 

Sudhir Kumar, Advocate (Advocate)     01 June 2023

Have you ever claimed maintenance of slef or children?

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