Iam from Bangalore he is from Krishnagiri it was arranged marriage setup where my in-laws preassumed we would give 20 sauran wherein we have 10 only thus the beginning of problem from his family started with me n my family as am fat, didn't do marriage arrangements well. After marriage from first day itself his maternal aunt started taunting am Bangalorean very forward etc also we didn't give oven and many other stuff. My husband also found chatting with his old affairs. All this were problem since beginning and my mother in law use to tell he is men he can have affairs he can hit and he can be verbally abusive. He was working in Oman was informed we will be kept together but after 1 month of marriage he went and 9 months i was alone facing taunts and backbitings of in laws Also took gold to pledge for 2 months and never returned when asked she started telling him to divorce me as how dare I ask about gold which they bought in marriage and i have more mouth But after 9 month I went to Oman my mother in law was not happy with this always said divorce me still i went for 1 month visa but found job I was happy to stay with him in Oman i conceived in 1st month he had hidden my job from his mother she started force send me back India as first delivery from my parents side so they paid expense and also visited. But it was found my husband was in affair in my 9th month pregnancy when this was questioned again he was asked to divorce me in my pregnancy. Later his brother came to Oman stay with me he made my life worse along with his mom daily fights from husband as he is highly influential person he agree with what they say.also use to tell me leave home i will not leave my brother same in my pregnancy and after baby. On 14 dec at 2am we had fight because of his brother where is he strangled me and hit me and he again told to leave without baby i was sitting in reception my neighbour gave me space and i stayed next day i came to take baby where he was asking his brother if he can give me to feed her. I took baby and my cloths stayed in my office accomodation. After 5 days we both anger was reduced he came and we started talking but my in law commanded him not to allow me or baby or meet us at any cost if he do she is dead for him. But he use to hide and come meet me baby and bring food but on 31st Jan he came in the morning met me and left to his home late his brother saw this and told his mother. So he stopped visiting after this and on 9th Feb he came india without informing me and sent Divorce notice on 17 Feb as cruelty on me
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send reply to divorce notice denying all allegations made in said notice
2) file DV case against mother in law ,husband ,brother in law seek protection order ,right to stay in matrimonial home ,maintenance for yourself and child and compensation for mental torture undergone by you
3) also file case under section 406 ,498A of IPC for dowry harassment and seek reform of your gold ornaments
If you have received a divorce notice you may issue a reply notice through your lawyer denying all the allegations made in his notice.
If he has abandoned you then you can file a RCR petition under section 9 of HMA, which will certainly be a recorded evidence from your side to prove that you had taken steps to rejoin him despite he deserted you.
Besides, you can file a domestic violence case asking for protection, monthly maintenance, compensation for the cruelties he unleashed agaisnt you along wit his mother and brother, and you can give a police complaint against him, his mother, brother and other relatives who demanded dowry and done all types of cruel activities against you and also can ask for return of your jewels.
- Firstly , you should know, that legally you are having following right :-
- Your husband is under legal obligation to provide the same to you at any cost, even he is working or not.
- Hence, for claiming your residential right, medical expenses etc, and also for teaching a lesson to the family members of your husband, who subjected you torture & harassment, you can file a petition under the provisions of Domestic Violence Act.
- And further, if the husband or his family members subjected a woman to cruelty for the dowry demand, then they can be booked under Section 498-A.
- You can lodge a written complaint against your husband, in the Women cell/Mahila Police, after mentioning all the details of torture & harassment.
- The women cell firstly will try to reconcile the dispute; otherwise, they will lodge an FIR against all the person, who subjected you cruelty. .
- If your husband files a divorce case, then you should file the above mentioned cases against him , then he will himself pray you to forgive him , and the cases will not finish until you will decide for the same.
- Further, you can lodge a compliant against the said brother before the police for interfering your married life .
You can contest the same or go for mutual divorce
Thanks alot Lawyers for informations. After 15 days today my FIR has been filed as he didn't turn for counselling for 4 times. 498A has been filed against him and his family today. Not sure how things will go from now on it's been soo stressful making the FIR. Now if anyone know what will happen and what i should do please guide me.
After FIR is filed notice would be issued to husband under section 41A of cr pc to record his statement
2) poluce would conduct investigations and file charge sheet or closure report
3) your husband after issue of notice under section 41A May apply for anticipatory bail from sessions court
As the FIR has been registered, he will try to file an application for anticipatory bail for himself and the other accused.
You can watch the situation and file an intervene petition to record your objection to grant of anticipatory bail.
Even if the bail is granted, it will take time for the police to file the charge sheet, i.e., after the investigating officer completes his investigation.
Then the case will be taken on file by concerned court.
The public prosecutor will prosecute the case, you will be summoned to depose your side evidence during the trial proceedings.
Until then you have no role to play in this.
Dear client,
I am sorry to hear about the difficult circumstances you have been facing in your marriage. It sounds like there have been a lot of issues and conflicts from the beginning of your marriage, including disagreements with your in-laws, your husband's previous relationships, and his physical abuse towards you.
In terms of the legal aspects, if you have been served with a divorce notice, you may want to consult with a lawyer to understand your rights and options in the situation. Depending on the grounds for divorce cited in the notice, you may be able to contest the divorce or negotiate a settlement that is fair to both parties.
It is important to prioritize your safety and well-being, especially if you have experienced physical violence. You may want to seek support from family, friends, or a professional counselor or therapist to help you navigate this difficult time. Additionally, if you feel that your safety is at risk, you may want to consider taking legal action, such as obtaining a restraining order or filing a police report.
Ultimately, the decision of whether to pursue a divorce or attempt to reconcile with your husband is a personal one that only you can make. It is important to carefully consider your options and prioritize your own well-being and safety above all else.
- Since the FIR already lodged against them, then it is mandatory for them to take Bail from the session Court, otherwise the court may direct the police to arrest them.
- Further, after receiving the notice in the case , you will have to appear before the court for giving statement , and where you can prove the case in your favour and against them.
You need to contest the case as complainant you can also file DV complain and other application for maintenance from him