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antagonized (unemployed)     03 July 2013

Need help urgently


I got married on 27.3.2013. The marriage was not yet over when my husband started threatening me of divorce as i am very skinny. In the next few days he made it clear that he will not be able to get physical with me from his heart as he does not get turned on by my skinny body. He used to abuse me using slangs,used to compare me with every other woman. That was accompanied by constant threats of sending me back to my parents and divorce. Along with that,he also used to make work like a servant. Ever since i got married i didnt get the chance to sleep properly. Now he has sent me back to my parents. He didnt even purchase the flight tickets and asked me toborrow it from my family. Thus i sold off the jewelry i had got from his family as i didnt want to ask my family. One more point which i want to mention is that he has even raised his hand on me twice. Now i want to know can i file a case against him under sec 498? And will i require proof or witness as i have none? Please help me


 25 Replies

antagonized (unemployed)     03 July 2013

1 more question,should i file for a divorce first? N fyi, ever since i have come back he has not contacted me even once. Its as if i dont even exist in his life anymore

ragz hyder (PM)     03 July 2013

you sold jewelry to buy flight tickets? No train tickets?

antagonized (unemployed)     03 July 2013

Cos he wanted to send me asap n there was no train availability.

ragz hyder (PM)     03 July 2013

I thought you bought the flight tickets?

In train no Tatkal?

ragz hyder (PM)     03 July 2013

And the jewelry you sold was given by his family? So convenient.

antagonized (unemployed)     03 July 2013

Mr. Hyder, are you trying to help me or just playing the blame game with me?

ragz hyder (PM)     03 July 2013

Your story has lots of holes. Instead of trying to come up with one or be creative..there are standard formats on list of complaints at womens cell and police stations. Will save you much time and energy.

Mahila Mandal and womens cell can give initial standard formats....torture/insults/parents/harassment/sis in law/dowry/streedhan can fill in the dates and name changes and submit to police station

for 498a no evidence needed for filing complaint. Justice is free.,

Nadeem Qureshi (Advocate/     03 July 2013

Dear Querist

as per your information there is no offence or demand regarding Dowry so section 498A of IPC will not be applicable. but you can file a Domestic violence case against him  & maintenance case if you want. For divorce you can file after 1 year of you marriage (if there is no exceptional condition)

Feel Free to Call

Adv. Chandrasekhar (Advocate)     03 July 2013

With due respect to Mr. Nadeem, I advise that "antagonized" has got every right to file Section 498-A case as S. 498-A attracts not only for the violence related to demand of dowry but also for mental harassment unconnected with the demand of dowry.  The husband ridiculed his wife on several occasions due to her thinness and refused to have physical relationship only on that ground.  As such, Section 498-A definitiely lies and such husbands should be put dealt with the law of land for subjecting the wife with cruelty.  Domestic violence case also lies.  If she does not want to live with him she can file divorce case also on the ground of cruelty.  As the husband also does not want to have relationship with her, he would also accept for divorce.  In addition to this, she is entitled to maintenance during the pendency of the divorce case or maintenance under Domestic violence Act or under Section 125 Cr.p.C.  If she gets divorce, then depending upon the status of the parties, she will be provided "Permanent Alimony".  I also clarify that while she can pursue divorce case simultaneously along with Section 498-A case. 


Check PM.

Dr. Jyothi Vishwanath (Associate Professor of Law)     03 July 2013

I agree with Advocate Chandu. Better file for restitution of conjugal rights. If he disobeys the order, file for divorce along with demand for maintenance. 

antagonized (unemployed)     03 July 2013

Thank u for all ur help. One more query that i have is that do i have rights over the jewelry that his family gave me? P.S- they had only given me a necklace and bangle  or do i need to return it

Dr. Jyothi Vishwanath (Associate Professor of Law)     03 July 2013

Keep whatever they gave you till final settlement

Adv. Chandrasekhar (Advocate)     03 July 2013

If they were given prior to or at or during the marriage, they are called as "Stri Dhan" and you have absolute ownership on them and need not to return as per law.  If they were given to you for any particular occasion with an implied or express understanding to receive back, then you have to return them as and when demanded by them for the same.

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