LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

suman   30 September 2015

Legal remedies

Hello, i am from mumbai. I got married 1.5 year earlier. I recently qualified my charttered accountancy exam and working now. I was unemployed for last 1 year during exam preparation. My husband's behaviour towards me in last one year was very harrasing both mentallyand physically . my inlaws are very abusive and when i complained same to my husband he started using same words and statements. I argued with him a lot of time on whole this matter, but nothing changed. .Ealrier i was thinking that may be i am a financial burden on him thats why he behaves with me like that but now things are more worse.Right now i am consulting a marraige consuler on same issue.

I want to know my legal remedies also i dont want any kind of maintenance , just want to know what steps can i take?

I have some evidence like my hospital reports, my jewellery being morgaged doc. of same, i am basically from rajasthan and had not seen my parents in last 1.5 years though they live in jaipur and my in laws live in delhi so train tickets from mumbai to delhi , as we regularly visit there . what else sholud i gathere that if things do not get resolve in next 1 year then i being able to take a serious step.


 9 Replies

Adv. Digvijay R Singh (ADVOCATE-PRACTICING)     30 September 2015

the issue being very sensitive...try to resolve the things with intervention of some common relative before taking any extreme steps regards


Earlier let us presume U were a burden financially,but now U R a qualified CA and working,their attitude should have changed.Don't think of legal procedures now,too early.It is easy to break up than patching up.Better go for mediation and counselling and save UR marital life.I think there will be a change in UR husband.

G.L.N. Prasad (Retired employee.)     01 October 2015

Patience and compromise to certain extent is most essential for respecting the tradition of marriage.  Nothing is permanent, and time heals every thing, and slowly they may realise your hard work and sincerity.   But, at the same time, do not over react, as such things are common in every house hold and the influene of Soap operas and films.  Just think cooly and if there are any negative feelings or ego, try to modify that first in your behavior.  Do not be hasty in such legal remedies.

1 Like

Adv k . mahesh (advocate)     01 October 2015

appreciate your hard work and now being a working lady with an attitude to take the responsibility

first tell me what is the reason beind their harassment and using abusive words against you because even for clapping we have to use both the hands with one hand we cannot clap and why you are not meeting your parents after marriage to give and to solve your issue this both answers are needed

and if you are unable to give the answers on this platform you can PM your viwes

prabhakar advocate (advocate)     01 October 2015

@ Sh.K. Mahesh, this is not answering the query.  But to exchange information from one advocate to another advocate.  You said in your response that "even clapping we have to use both hands", implying that wife's role is also required for harassment she met at in the hands of husband.  One more English cliche is there - "it takes two to tango".  I respectfully submit that this will not apply in matrimonial disputes and also criminal law.  Innumerable cases we see, where wife is harassed for no reason only due to greed of the husband.  Wife is a victim and she won't talk back, then also we find more harassment against her due to her subdued nature and servile nature.  Similarly in the schools also we see, some children are bullied by some other boys, just for fun sake, because it satisfies their sadistic pleasure. Looking into Section 304 IPC cases, while going through the facts of the case, we stumble upon the meakness of the wife and incapacity to retaliate makes her more vulnerable ultimately resulting her death.  Not only in matrimonial law, even in criminal law also, we see so many victims become victims because they have no capacity to stand up against injustice.  The women molested in the broad day light in public places, what is the wrong that women did?  But, when she goes to police station, the reader/diarist while taking her complaint certainly asks her "what did you do to him?  If you did not do anything to him, why did he molest you?  There were hundreds of women, but why he choose you?".  In Nirbhaya case also, what did the poor girl did?  She wanted to protect her honour and all those rapists not only just raped, but murdered her.  It happens in every day life, the victims are harassed even though they won't provoke the assailants.  So, as advocates, we cannot justify in several cases that "it takes two to tango".

suman   01 October 2015

I know very well the matter is very sensitive and even i dont want to take this extreme step in hurry.I know that me and my family's life will be very hard if i will take such step. 

The main basic problem is finance .My Inlaws and husband didnt tell us when marraige was fixed that they had taken some huge amount of loan and my husband is the only earning member of his family ,around 80% percent of his salary is used by his father to reimburse the borrowings. whole of this frustation was coming  of my husband and the family memebers was coming out on me  in different ways.But now, I am earning and contribuiting, but life is more harder for me , i cant put all details here.

I only want to know the steps i can take , if things dont change. definetly its a matter of life i will take any step very discritionarly.





Its better U try for a reunion without legal consequences.If U go legal way ultimately both of U have to run around courts throwing allegations against each other spending a fortune and time too.

Adv k . mahesh (advocate)     03 October 2015

Mr Prabhakar its being a public forum i dont want to argue with you in the prospective because i have cases and also if you are not aware then there are lot of cases in the court were women without any fault of in laws have kept many cases

why not you can read as many cases in this forum itself were you will find and about Nirbhaya case i agree with you that no fault of her she has to face death

so may be two to tango but for clapping two hands is a must and for a happy married life also two persons i.e., male and female is necessary and their understanding and when a client comes to you before taking up the case without the proper study of the case you cannot argue the case in the court and on one side version if you file the case you will end up losing it some or the other way

after her marriage till 1.5 years she has not meet her parents reason .....his husband duty about clearing the debts with the help of his salary and her wife salary is not a bad idea and it is not a illegal


I walk alone (Asst Manager)     03 October 2015

Look Lady, there are 2 ways of get rid of this same.

  • File all those cases (Talk to any intern lawyer even) they will be able to guide you & even the police and entire judicial system will be helping you to solve your purpose. Take a tour of courts for some year & close the matter after a divorce.


  • Talk & understand from your Husband, if you can anyway help him to reduce his financial burden. (if you really want) post that see if the situation changes. If changes, live a peaceful life otherwise follow the 1 step

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register