Hello Sir/Madam, I am married since November 2011 . My mom in law and husband harass me every day for every single thing in the house, thereby making my life miserable. Actually my mom in law has major influence on my husband n he agrees to whatever wrong she says. Whenever he returns from office she creates one or the other scene and lies to him for petty issues. She tells lies to him and ignites fight/ arguments between both of us and clearly tells my husband, right infront of me to divorce and remarry. I m really very helpless Also since my hubby is in a private job n earns less than me, he n my MIL always demand money from me. Though I always giv them the share from my salary still he asks me to transfer the entire amount to him. Please suggest what should I b doing if they file a case for divorce. I do not want to initiate the same however they are keen on it. They also threat me by saying that he will divorce and I won't get anything, I m really scared and under severe mental tension,as my mother is widow and she is not that much of financial strong. to support me . i am having private job.. after getting the court decision i stay back in my hubby house . but this is second time his abusing me and beaten me on the road last week so i again came back from his house to my parents house he is does not give any space in his house . again i have filed the case but no action has been taken yet.. now for the past from 5 days i am staying with my mom at her place. do i have right to stay at my matrimonial/ house / because from previously from 1 and half year i was staying with my mom when i first registered the FIR against him . every time they said in the court that he want to stay with me but he has not came to take me . last month he has came and take me back when court has asked from him and then from first day he is pressuring me to take the case back and without giving me any information he is putting papers for quashing the case in the high court he has using my driving license copy which he has taken from my wahtaap accunt while i was with him. pls do suggest can i take this case to delhi because that is my parental place . i am already wasted lot of time .only being that might be everything would be fine later but things is goinig to happen worst for me . do i have right to stay in the same house till my court case is running in the court . Plz suggest legal implications in this matter and oblige. I will b very grateful to you. Thanks in advance....awaiting your legal advise....
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You can file domestic violence against him for beating you at ho,e and public places, giving you mental stress and abusing you day in and day out.
You may also ask for Right to reside in the shared household u/s. 17, Protection orders u/s. 18, Residence orders u/s. 19 and Compensation Orders u/s. 22 of the Act.
Since your parental house is in Delhi you may take a transfer of the case to your city.
Regds,
Adv. Payal
So long the court has not passed any judgment to dissolve your marriage by a decree of divorce you are his legally wedded wife and you have all the rights to stay and reside in your matrimonial house. He cannot refuse your entry ibto the house. You do not have to take his permission to enter the house, if you are afraid of his assault of any other kind of violence you may inform the police in advance that you are going to enter into the house and if he ir his mother is turning violent to your move and restricts your entry ask them give you protection. If the police is not cooperative you can approach the higher police official of the district.
You can file a DV case before the judicial magistrate seeking protection and residential rights too.
Become aware of your rights, you can approach even CAW cell to enforce your rights through them.
1. The case under POWDV Act or u/s 498A IPC can be filed from parental place.
2. If it is already filed then you can apply for transfer which is satisfactory condition can be transferred.
3. It would be better if you do not loose hold/possession of the matrimonial house as it would keep the pressure on your husband.
1. You can file a case for domestic violence against your husband and mother-in-law to seek protection from further mental and physical harassment. The court can imprison them if the protection order is violated by them.
2. You can also seek a residence order to stay in your matrimonial home. It is your indefeasible right to stay in your matrimonial home unless and until you are divorced.
3. You may also seek maintenance from your husband.
4. If you do not want divorce then you may contest the divorce proceedings as and when your husband initiates.
