Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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moumita mitra   30 January 2020

need help in post marriage harassment.

Sir/Madam
My name is Moumita , I stay at Kolkata. previous year I got married but after marriage behavior of in laws were changed and they mentally tortured me after 11 months of my marriage my in laws threw me out of the house by blaming me that I wake up at 8 o clock at the morning, I am a working woman, my in laws ain't allowed me to have food I starved in their home for 3days.
and now my husband have taken a rent house in his parents conspiracy and asking me to stay their. I have asked for legal assurance that this harassment will never happen again but my husband is saying they cant provide this assurance to me. and my husband is will to go out of the state to settle over there with some else. what should I do?


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 10 Replies

Real Soul.... (LEGAL)     30 January 2020

you can file for DV case and you can file the complaint in court and seek orders staying his going abroad. You need to act now, COnsult a good family lawyer and do the needful

Real Soul.... (LEGAL)     30 January 2020

If you know the country where he is contemplating to move you can even file application in that embassy 

shamataneja (Advocate)     30 January 2020

May advise to you is that under any circumstances do not leave your matrimonial house take your parents help. Getbinside to ur matrimonial house if u do not take this stand ur in laws and husband will never take u inside the house. File divorce case and press for maintenance. Shama

moumita mitra   30 January 2020

my in laws have thrown me out of the house. and husband is with them only.

moumita mitra   30 January 2020

my husband threatened me that if I go for any legal help then the relationship between us will be no more. and reputedly asking me remove all my furniture from his house.

Real Soul.... (LEGAL)     30 January 2020

You need the legal help,just first of all close the doors of his escape, your relationship is already strained, he is going to leave you in any way so protect your rights. Just don listen to him ,don'tremove anything from your in laws home. Just contact instantly any good lawyer and plan everything. File application before embassy for that he may leave the country and you  can do nothing. just then keep beating the bush

Advocate Suneel Moudgil (Advocate)     30 January 2020

1. if you want to rejoin the matrimonial relationship, then, try to settle the matter amicably with your husband involving elders/relatives/friends etc and start afresh, and if, failed, file Restitution of conjugal rights petition in the Court, and,

2. if you want to terminate the matrimonial knot, then, try to settle the matter amicably with your husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,

don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case, some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.

if failed, you are advised to file/claim 498a complaint (for causing mental, emotional, physical and monetary abuse, etc) Domestic Violence case (for causing mental, emotional, physical and monetary abuse, etc)

you have legal rights to claim residence, protection, compensation, maintenance,

if you do not want to opt the divorce presently, you can ask for judicial separation also,

 

Adv.Balachander Reddy (High Court Advocate IPR Attorney and RTI Activist)     30 January 2020

Such acts of your inlaws is a clear domestic violence.

You can immediately file a complaint with Police.

moumita mitra   30 January 2020

thank you so much for the ideas.
now I will firstly inform the police about this and lodge a complaint. first I should put a knot in his plan to go out of this state.

Varun2020   31 January 2020

well , section 498A is different and DV is different. your case does not come under section 498A but clear DV case. For DV you need to file petition before court. Don't waste time in 498A.

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