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Seeking Justice (NA)     01 August 2014

Need guidance

Hello ,

This is regarding my close relative.she has been married for almost 2 years.During this time she has been harassed both physically and mentally by her husband.

After her marriage her in laws start making false allegations and even beaten her few times but she never complained.After some time she got pregnant and in her state she was denied basis food and healthcare facilities as a result she suffered the miscarriage.

After that her husband started living separately with her away from his father and mother house in a rented place claiming that he has been disobeyed from property by his father but the allegations still went on happening.

In present situation she has been forced to go back to her mother place by her husband and again she is pregnant again but this time he is refusing to accept her and the unborn child and making all possible false allegations and subsequently moved out of rented house in her absence making impossible for her to go anywhere.

I request everyone over here to please guide her by providing your inputs on the same.

 

Thanks



Learning

 13 Replies

PIYUSH (B.A LLB)     01 August 2014

SINCE  IF WE ARE TALKING ABOUT THE CHILD, THE FATHER IS LIABLE TO PAY ALL THE EXPENSES OF THE CHILD SINCE THE CHILD WILL BE THE LEGITIMATE CHILD OF THE PARENTS...... SO MOTHER HAS TO FILE A CASE AGAINST THE PERSON  WHO IS RESPONSIBLE FOR HER SUFFERINGS,.........! ALSO SHE CAN FILE A CASE AGAINST HER IN LAWS UNDER DOMESTIC VOILENCE ACT, 2005.....!!!!! 

 

SINCE , I AM A LAW STUDENT (1ST SEM) SO I AM ABLE TO GIVE U ONLY THIS INFORMATION .......

1 Like

(Guest)

That was nasty....

 

A/T your statements right from the begining taken as truth then definitely that husband need punishments.

But, by taking the view of a toddler/infant child its the need of the situation to have a amicable talk with that husband. 

Since, long time cruelties were going on then where were girls parents? Dont elderly persons gone for the talks?

Why that husband is doing like this?

Doe's wife not know the reasons behind that?

 

1. If amicable talks fails then use civil remedies of mediations through court.

 

2. If that also not gives any relief then use dva 2005 and seek all major 4 reliefs under sections.

 

3. Get maintenance, compensation, stridhan, residence.

 

4. Tell the wife to see a nice job, if not then tell her to prepare to get it.

 

5. She has ample of opportunities to settle in her life ahead, so no need to panic.

 

6. If nothing works, tell her to take divorce with alimony and part away without banging her head to arse hole.

 

7. See the world with optimism and get marry with other man sensing boths compatibility with each other.

 

8. Average life in india is not more than 60-67 years. So, don't barge the remaining life into husband sudharo ANdolan. Just dump that idiot if he is not a loveable husband and responsible father.

 

Good luck))

 

ESIS

1 Like

T. Kalaiselvan, Advocate (Advocate)     01 August 2014

There are solutions for everything in the   world.  It is not that she will be left unattended this way if her husband abandoned her after meting her with cruelties both physically and mentally.  She can lodge a complaint with the District Protection officer under the protection of women against domestic violence act seeking protection of residential rights, interim maintenance and other reliefs.  Upon her application, if her husband is not coming to the terms of taking care of her, the court will decide further stringent actions against as envisaged in the said law.  Thus, first approach the The Protection Officer of your district, submit an application with full details narrating the entire episodes of cruel acts that were meted out to her right form the day one of her marriage including the circumstances that led to miscarriage of her first child and the present sufferings, seeking their intervention for necessary relief and further remedies.  Also, she can file a petition u/s 125 Cr.P.C. seeking maintenance from her husband and also a petition for RCR under section 9 of HMA before the appropriate courts within her jurisdiction.  Consult a local lawyer and proceed as per his further advise.

1 Like

Seeking Justice (NA)     01 August 2014

@Piyush,

Thank you for the advice.

The husband has put 7-8 complaints in police station to get protected against any action.

Seeking Justice (NA)     01 August 2014

@Every Sufferer is a Saviour...: Thanks for the advice.

The girl father died in an accident many years earlier.With her mom not much educated got her married very hard and because of girl nature being soft spoken and shy she could not tell anybody and suffered alone.

 

@T. Kalaiselvan: thanks for the advice.Would definitely take a note on that.

Further the husband has filled complaints in police station over her character and also giving false statement that last miscarriage was done forcefully despite medical grounds.

 

 

Te

Sudhir Kumar, Advocate (Advocate)     02 August 2014

It is basically she who has to be blamed for this.  when she was beaten for the first time she could have just dialled 100.

 

Now even at this stage also your posts do not indicate if she has at all made any complaint against husband or his parents.  You are revealing that she is silent suffered.  if that is so then she should suffer which she deserve as she is not to fight back.

 

Now you are revealing that her husband has filed complaint.  Because you are giving him long rope.

Sudhir Kumar, Advocate (Advocate)     02 August 2014

please surt on this forum.  You will find a lot of husband sharing their plight of being accused  or domestic violence and other related laws. They claim to be innosently framed and some of them (not all of them) may be inosent.

 

It is pity that such like sufferers for whom these laws are made do not come forward.

1 Like

Adv k . mahesh (advocate)     02 August 2014

what is your friend intention to settle the issues with husband and want to stay with him or want to settle through legally is the big question here 

because once if she wants legal solution then part the ways with husband 

as she is shy and soft spoken and i think she is educated then first let her views come out and then only a solution will come in mean time try to talk with her husband and settle without legally and if not settled then file maintenance case under s 125 under crpx

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 August 2014

Dear Querist

first question is what does your relative want?????

divorce or living together??

if divorce then she may file a complaint u/s 12 of Domestic violence act along with the section 17,18,19,20,21,22 & 23 of the act for protection, child custody, monatry relief/Maintenance, accommodation, & compensation.

She may file a case for maintenance for herself and for her child u/s 125 of Cr.P.C before family court.

She may file a divorce case u/s 13 of Hindu marriage Act before Family court with section 24/25/26 of Hindu marriage act for maintenance, alimony and Child Custody.

She may file a criminal case u/s 498A/406 of IPC if they demand dowry, not willing to return her Stridhan/dowry article.

 

Feel Free to call

1 Like

girish nanji shejpal (self practising)     02 August 2014

I agree with Mr. Nadeem


(Guest)
Originally posted by : Seeking Justice

Hello ,

This is regarding my close relative.she has been married for almost 2 years.During this time she has been harassed both physically and mentally by her husband.

After her marriage her in laws start making false allegations and even beaten her few times but she never complained.After some time she got pregnant and in her state she was denied basis food and healthcare facilities as a result she suffered the miscarriage.

After that her husband started living separately with her away from his father and mother house in a rented place claiming that he has been disobeyed from property by his father but the allegations still went on happening.

In present situation she has been forced to go back to her mother place by her husband and again she is pregnant again but this time he is refusing to accept her and the unborn child and making all possible false allegations and subsequently moved out of rented house in her absence making impossible for her to go anywhere.

I request everyone over here to please guide her by providing your inputs on the same.

 

Thanks


There are two ways to approach this. One as many have explained, the legal way, file cases, DV etc, maintenance cases etc. 

Second is talk it out.  Most of marital isssues can be solved just by calm and peaceful talk.  I can assure you, any big fight or any misunderstanding can be solved just by talking in right manner.  Raising voice, shouting, all this will lead to physical abuse.


I dont believe that the woman in question is a saint, she too is a fault, as this is marriage, here both will be at fault, not only husband but also the wife.  even while talking, one needs to stop finding fault and think about how to move ahead in life, as there is a child out of wedlock, that too needs to be talked about.  Once peace is made, nothing like it.  Marriage is back on track.


But if once you approach court, police as some nuts have suggested above, kiss goodbye to marriage, and beginning of endless litigation, the childs life will also be spoilt along with that of the husband and wife.


This talking etc to be done out of court, once you enter court, no talks will be fruitful, even if, it might lead to other serious trouble.  Filing DV case, etc cases, will create a kinnd of grudge on the minds of the other party ie husband, already this person is beating wife, if out of fear the husband agrees to take wife back, he might even try to set her on fire.  Killing wife.  If one has such doubts, again approach police etc  for protection, in other words the marriage is as good as over,


If the wife finds that there is no use making husband and inlaws  understand, then its better to take MCD and move ahead in life.  How you make the talk, proceed with talking, involving elders, etc is totally up to you.  Its  question of not just 3 lives, but peace of mind of two families. so be mild in approach.


Remember always, TIME and TIDE wait FOR NONE.  


Good Luck.

1 Like

Seeking Justice (NA)     04 August 2014

@Helping Hand: Sure will keep in mind your valuable thoughts and will definitely convey your point of view. 

@Nadeem: Thanks Sir, Thanks for providing the inputs on this matter.will keep in mind the other way.

Seeking Justice (NA)     04 August 2014

Does Women Cell help in this matter.

Husband is not willing to talk and has been avoiding the communication.

 

 

1 Like

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