Hello I'm in a very strange predicament where I am married to a man for whom beating his wife is very common. I had gotten used to it but over the years this has gotten worse and I'm suffering more grievous injuries whenever he attacks me nowadays. Our 2 kids are getting older and observing all this and I don't want them to see that this is how their parents are. I'm worried my 7 yr old son is showing violent streaks. I want to divorce him and live in my parents home where I can take care of the children. But I am financially dependent on him for their care as I gave up my job for marriage and having kids. However, whenever I try to have any meaningful conversation or try to reason with him, he gets aggressive again and that scares me. He threatens that he will commit suicide and write all my family's names and mine in the suicide note and send us to jail. I'm really afraid of this as my aged mother should not have to suffer even with having to deal with a police investigation. Nor do I want such incident to affect my siblings families either who are all happily married in their own homes. I've researched and found that I can file domestic violence complaints but I dont want him to go to jail or cause him to lose his job as my kids are dependent on finances he can provide. Hence I'd like to ask if there is a way in which I can just file for divorce from him, take custody of the children and get maintenance on these grounds? Will I still need to file any police complaint? How can I safeguard myself and my family if he does commit suicide when any court summons get delievered to him? What proofs will I need in order to proceed if this is a feasible approach?
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File for divorce on grounds of mental cruelty
seek interim maintenance and alimony
seek sole custody of children
file police complaint that husband is threatening to commit suicide and he assaults you
you can rely upon police complaint to prove allegations of mental cruelty
Hello,
Your written submissions are showing that you are subjected to cruelty from your husband
- Hence, you should know, that legally you are having following right :-
1. As per law, A wife has the right to claim decent living standards and basic comforts of life from her husband. Hence for claiming the maintenance, you can file a petition under section 125 CrPc.
- Your husband is under legal obligation to provide the same to you at any cost, even he is working or not.
2. Law entitles wives a basic right to reside in the matrimonial/ home, whether the house owned by her husband or his parents, a rented property or officially provided to him.
- 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.
3. As per the Supreme Court, A wife has complete ownership rights over all her Streedhan, the gifts and money given to her before and after marriage. The denial of Streedhan to the wife makes the husband and in-laws liable for criminal charges.
- 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 you don't want to file these cases , then you can file a divorce petition before the court on the ground of cruelty and thereby you can claim maintenance as well from him.
Dear client,
In your case you have legal remedy that helps you because you no need send your husband to jail in this case you can file Injunction suit For Restraining order before appropriate the court stating the your husband is threatens and he beats you and he cause grievous injuries to you so this Injunction will help you. Court will order granted by a court to protect a person from some danger or apprehension of danger from some one. As per section 94 95 and order 39 of civil procedure code.
Consult an advocate who specializes in family law and domestic violence. They can assist you with initiating divorce proceedings, obtaining custody of your children, and requesting financial support. They can also help you understand the local statutes and requirements pertaining to your situation.
When you file for divorce, you can request spousal support, also known as alimony, which is monetary assistance paid by your husband to you. The court takes into account various factors such as your financial needs, his ability to pay, and the lifestyle maintained during the marriage.
Additionally, you can request child support, which is distinct from alimony. Child support is intended specifically for the children's needs and is typically calculated based on the parents' income. and also u can file criminal complaint your nearest police station under section 506 IPC against your husband.
Thank you.
If the situation is intolerable and it will not be possible for you to continue this married life with him, you may decide to file a divorce case on the grounds of cruelty.
You can file a petition for interim maintenance for you and your children in the same divorce case.
You can file a DV case and ask for maintenance, protection and compensation.
You can ignore his threats about suicide, such persons will not have courage to commit suicide.
Even in case he commits suicide the divorce case will come to your rescue because you have filed the divorce case on the grounds of cruelty.
You can file an nc stating that husband is threatening to suicide and then proceed with filing of DV complaint
Hello all. Thank you for your suggestions and directions. I wanted to know if call & audio recordings and Whatsapp chat screenshots are considered as proof of his abuse and suicide threats? I have call recordings where he has admitted to beating me and also where he has threatend me with suicide. Will these be admissible in the court as proof for granting divorce? I don't have anything else to prove his abuses and violence currently.
Audio recordings,chat messages are admissible in evidemce
you have to prepare transcripts of call recordings and enclose it to your complaint
- As per the Information Technology Act, electronic communication can be produce as a proof in court.
- Further, messages sent through WhatsApp messaging app are valid legal evidence under law, and the blue tick over the messaging app is a valid proof.
- Further call recordings are also admissible in evidence before the court.
- Yes, those proofs can be considered as a ground for divorce.
The audio recordings, calls and whats app screen shots are not admissible as primary evidence by court.
However in the absence of any other concrete evidence, you can lead oral evidence to this effect and corroborate these evidences by filing a certificate under section 65B of Indian evidence act along with the available evidences.
But if you want to lodge a criminal complaint with the police the call recordings and the whats app screenshots will be useful.
Dear client,
Yes it is admissible before court but it should be relevant to your fact in issue and facts of the case we can use as evidence in the court. under the Indian evidence act under section 65(b) allows for admissibility of whatsapp messages and other electronic correspondence in court .
Thank you.
Hello,
You can proceed with your complaint