Upgrad LLM

need to take action against my husband.


Hi,

Last year i came to know about my husband's illgal relationship in the place where he was transferred to. (He is working for State government in a managerial position in Tamil Nadu).

When I went with my daughter to that lady’s house where they are living together, They abused us and chased us away.

After that he made that lady file a case against me stating I have given a false complaint regarding their illegal relationship, asking for Rs. 2 lakhs. I have travelled back and forth to his city multiple times for the case hearing.

To prove their relationship, Last month I went to her house and took a video of them living together. He saw me taking the video and attacked me which led to a concussion in my head.

I immediately gave a complaint to the local police and booked FIR against him.

But so far no actions have been taken against him and now he is trying to sell the house I am living (its in his name) and also sending many emails to my higher officials and MD in my office giving false claims against me.

I want to take a severe action against him. Please advise me on what is the best procedure to follow. I have the FIR copy and the video of them living in the same house.

I have sent FIR copy to his office and CM cell through speed post. Yet no action from any side.

Additional Info: He filed a divorce case against me but it got suspended because he did not turn up to the court multiple times.

Also I would like to attach the house I am currently living in on my name as the house is built by both our earnings however he had registered the house on his name.

I am helpless please guide me.

 

Thanks in advance

 

 

 
Reply   
 
EE

Ms. Sowmya

I really felt sorry for the situation you have gone through. Anyway, you file immediately file an FIR u/s 498a for physical and mental torture. Then, case in the family court u/s 125 of cr. Pc. For maintenance as you have daughter to look after. Then, file cases under Dowry harassment, Domestic violence etc.

This will bring him to his knees.

Hope this will serve purpose.

PS.: You have strong evidence as video recording to prove his illicit relationship.

 
Reply   
 


Advocate/Attorney

I agree with vishnu. You can also file a case of adultry. In case if they are married Bigamy under IPC. 

 
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na

IPC 494 very difficult to prove until unless you have strong evidence.......Do you have their marriage photo/video...

If yes then you can file this else ntohing will happen.........

I would suggest you to not to file 498A and DP Act 3 &4 section instaed of this you can request mediation in DVC and request the protection officer to do the counselling or talk to your husband parents

Filing 498A case will end your marraige and later you will be in a position to compromise with your husband...

Do you have any proof that house is built by both earnings then get stay order from civil court...

Good Luck!!!

 
Reply   
 
Advocate

It is suggested that a complaint for cruelty and adultery with the local police and followed up with the higher police officers if the local police are reluctant or lethargic, will bring some respite for the present.  Right to residence can be sought and also can file an injunction suit if you apprehend that he is trying to dispose the house property restraining him from alienating the property without making an arrangement for an alternative residence to you  in the event of his proposed disposal of the case.  You cannot legally claim a share in that house property which is on his name.

 
Reply   
 
Dy Director

I believe that there is no point in advising her as she is in the habit of getting accused instead of herself making complaint.

 
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