Need advice for women harrassment case
iniya
(Querist) 28 April 2011
This query is : Resolved
Hi, about 4 months back i was thrown out of house by my inlaws and husband in the mid of night without a penny and took my mobile too. The same day they took my jewels too during day. Background, i am married for 1.5 years now. My inlaws family are little money minded but I did manage as my family is well off in the society. My marriage consummated after 11 months as hubby had anxiety issues cos of which he failed previously.Around a month later a alliance came for my brother from my hubby's side and it was in initial stages. MIL didnt like the proposed girl's mother so she was against this allaince though she dint state this explicitly. We decided to drop the alliance. But my MIL kept suspecting we are proceeding with alliance and poised my hubby's thoughts which made him avoid me. He said no conjugal life for 6 months till he is sure we marry another girl for my brother. This affected me a lot after almost a year of waiting this is what I get. He even stopped normal relationship and conversation with me and I became so much depressed as if a blind getting sight for a day and lossing again. It was that time my mom came to our house to give gifts for a occassion and left the house. on her way she made a courtesy visit to the proposed girls house and unfortunately my MIL saw that. She induced my hubby and made him shout at me and she also shouted and throwed me out of house. My hubby even threated to divorce when I was thrown out. I dint know what to do. Next day gave police complaint for which I got CSR copy for 498a. All I requested was to reunite me to my husband and dint wana punish them by filing FIR and all. The came for compromise next day asked us to withdraw. btw they applied for AB. When counselling happened my hubby asked for 6 months time to take me back as he is upset for going to police. We waited, between I wanted my office documents and some dress, my jewels which they took on the incident day (worth 50 lakhs).but they insisted I take all my things back saying they are not for money. SO I took and waited. its been 4 months now,they are spreading rumors that we had decided for divorce and thats why I took the things back.
Pls advice me how do I proceed now. Just after giving the complaint only did the I saw some forums that 498a leads to divorce so till date I dint insist on any action and I dont want to file FIR and punish them. All I need is to reunite me with my hubby. But from the day they throwed me out they are only trying to escape.
What steps to take now.
1. How long is my complaint valid. IS there a way police forward to some court mediation without FIR or some action that could help reunion.
2. Can my husband file divorce at this stage
Pls advice my next stepss.
Devajyoti Barman
(Expert) 28 April 2011
1. Once some criminal case pending i do not see much prospect in your reunion. Anyway keep trying but if it fails then do not hesitate to explore your legal rights.
2. Yes he can file suit for divorce now or at any time he wishes.
Guest
(Expert) 29 April 2011
Agree with Devjyoti.
iniya
(Querist) 29 April 2011
See all I wanted was solution.And I dint know how to handle the situation thats you I am asking for all your guidelines. We told them we are ready to quash the complaint in HC. But I am sure even if I dint give complaint they wouldnt have come foe compromise. So if I cant go to police and they dont listen to elders too what else can we do. Is there a court proceeding that would help? Even then they would complaint I had gone to court. I really dint know how to handle. Cos you are in legal field and know similar cases I ask you for guidance as to how to go about.
Atuliya
(Expert) 29 April 2011
You do not have to be apologetic for having lodged a complaint. I agree with Mr Barman; brace up to protect your legal rights and your dignity.
I may be wrong but this dilly dallying on your part could give more courage to your in laws and at the same time spoil your prospects.
The culprit seems to be your MIL with some counseling[hopefully]your hubby could see sense and realise his mistake.
All the Best.
Guest
(Expert) 29 April 2011
Since your hubby wanted six months to reconsider reunion and you seemed to agree, and now only 4 months have passed, you will have to wait for 2 more moonths. Only thereafter you would have to take some final step. Of course, nobody can desist your in-laws from spreading any rumour.
After that, if he does not agree for patch up, you should also not pardon your in-laws. In that case, it would be better for you also to prefer divorce, as after such a grave bitterness in relations, harmony cannot be expected even if reunion is made. The whole life would become hell for you, being a woman.
iniya
(Querist) 02 May 2011
Thanks for all your guidance, my husband has sent a divorce notice on grounds of creulty saying the 498a police complaint given by me has given him and his family mental torture and he needs relief from this marrige.
Pls temme, does a complaint at its initial stage without FIR followed by counselling for about 3 months contribute to mental cruelty. Does the court consider this as a serious case? or is it something gona turn into my favor as you might have seen in the above posts that it was he who pushed me out of the house in mid of night and made me go to police and he is tilldate not acquitted on my request police is just trying to reconcilliate?
