Domestic Violence
Querist :
Anonymous
(Querist) 12 May 2010
This query is : Resolved
I am 30 yr old house-wife and am married for last 03 yrs. Due to continuous mental torture at in-laws,I have come to my parental home 15 days back. Before coming, I have informed local P.S.(requested not to take action)and Panchayat.
I want to give my husband a last chance if he agrees(in written)to create a healthy & peaceful atmosphere for me and my baby.
Everybody is suggesting me to lodge at least a maintenance(Sec.125)case.My question is if I continue without any legal proceeding and hope for my husband to come good in future, can he do against me anything legally( except RCR)in the mean time?
Please note that I have informed LOCAL PS & Panchayat.
Pankaj Mehta
(Expert) 12 May 2010
you should not hesitate for filing of case under DV act or 125 Cr.P.C., it will be not useful to wait for any initiate by ur husband.
If things get better and ur relations go sweet in future, u can anytime withdraw such maintenance proceedings from the concerned court. Whoever first knock the doors of the court, can be presumed to be bonafide nd true in cross cases. Your husband can also file proceedings such as under section 9 of H.M. Act & under section 13 against you, so if a trustworthy mediator or councellor can solve ur probs, locate him and if situation doesn't get corrected adopt legal remedies, dont wait
Arvind Singh Chauhan
(Expert) 12 May 2010
If you don't want to implicate you and your husband in litigation expecting amicable relations in future, You can issue him a legal notice through lawyer or through yourself.
G. ARAVINTHAN
(Expert) 12 May 2010
Arvind is right. If no response then initiate proceedings
Devajyoti Barman
(Expert) 12 May 2010
Yes, your husband can take legal recourses like RCR or divorce suit. However if you want amicable settlement then you advised not to initiate criminal proceeding like 48A IPC, or under DV Act though the proceeding u/s125crpc should not vitiate the atmosphere for reconciliation as it is generally considered as a piece of beneficial social legislation.
Daksh
(Expert) 13 May 2010
Dear Anonymous,
As it is evident from your mail under reply there is still a distinct possibllity of amicable settlement. One thing is sure that if you initiate a proceeding your hubby is definately going to infer a negative meaning out of it. There is no estopple in initiation of proceeding but the most important part is reapproachment and understanding amongst spouses for which the bare necessity is communication and conselling.
A momentary anger should not spoil conjugal bliss.
God bless
Best Regards
Daksh
a.manoharan
(Expert) 13 May 2010
Dear Anonymous,
Still you prefer to live with husband, do not approach to court or PS for any legal remedy all of a sudden that will take negative effect. if any possibility of amicable settlement , approach both of your relatives/ well-wishers and hand over the problems to them. Anyhow, do not prolong the matter very long as the Court can help to anybody who is prudent and vigilant WHEREAS Do not forget that 'HASTE IS WASTE'. YOU PLEASE SELF-ASCERTAIN YOURSELF THAT ANY FAULT OR MISTAKE WITHIN / WITHOUT YOU.
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