Harassment by husband
Renuka4291
(Querist) 10 January 2018
This query is : Open
Hello All...
Iam in big trouble and need your help.
I got married on may 2017. It was a love marriage without parents consent in arya samaj mandir. He is an Army officer. To marry him i left my well paid job, my family and city and started living in his city after marriage in a PG. He asked me he wants 2-3 months to get a home in his Army Cantt and to convince his parents. In August he went on leave at his home and met a girl of his parents choice . Soon after der he started asking me to cancell this marriage and started harassing me mentally. I put this matter at front of Army authorities, they asked him to get an accomodation in cantt and updated my name as his wife in office records. From there he started making my life misrable. Ne never talked to me or kept any relation with me. He never stayed at that house and started quarrling with me on daily bases. He just don�t want me and asking me for divorce. Neither my family is supporting me not my husband is accpting me. What to do
Vijay Raj Mahajan
(Expert) 11 January 2018
This is a repeated query, I replied in the Forum.
If your husband is not ready to keep you with him and resume conjugal relationship with you, you have right to seek this against him by filling Petition for Conjugal Rights under section 9 of the Hindu Marriage Act,1955.
If your husband not providing maintenance to you for your livelihood and you are unemployed and unable to provide for your reasonable maintenance then you can seek the monthly maintenance based on his income/salary under section 125 Cr.P.C.
If your husband not providing place of residence to you of your and his status, you can seek the same under the Protection of the Women from the Domestic Violence Act,2005.
All these cases you can file from the place you presently live i.e. Delhi and he will have to come down to Delhi Courts to defend these cases, this will be another mental pressure on him as he is posted at different station in India being an Army personal and he will ultimately agree for reconciliation with you.
Guest
(Expert) 11 January 2018
Love seems to have faded away in a very short span of period. Question arises, has the love been one-sided from your side only that your husband gets easily fed up from love within just three months of marriage?
In fact, seemingly the story is hard to be convinced, when you say that your family is also not supporting you.
By the way, did not you approach the parents and relatives of your husband for help? If yes, what was their reaction?
Renuka4291
(Querist) 11 January 2018
His parents are the biggest villan in this story. They only have influenced him to leave me and marry another girl. They made him understand that with me he is getting nothing but if marry the girl of their choice than he is getting huge amount of dowry along with the girl. These things he only says to me. I just don�t understand where should i go now?? I left my whole world for this man but now he z showing me hell. I understand girls dese days misusing laws but der are girls like me also who are misused by the hands of man. I have pleaded my husbnad a lot even touched his feet too , asked him not to leave me , not to ruin my life. As I can�t even go to my parents too but he is just not ready to accept me. He just saying now my emotions are gone for you and I can�t leave my family. Just tell me where should i go now
Vijay Raj Mahajan
(Expert) 11 January 2018
There is no one to help you like this. This a lawyer's forum where only legal advice can be given to you. The matrimonial cases if you file in the Family Court as mentioned above, the matter will than will be referred to the Mediation and Conciliatory Centre of the District court where the amicable solution to your problem can be worked out with your husband. If you try out the Mediation and Conciliation outside the court, your husband will not even respond on their call but for Court Summon he cannot refuse otherwise he can face serious consequences including ex-parte court orders which can be big financial losses for him.
A person can compromise with law till his personal freedom and money is not disturbed but when it comes to both these, whether an army man or civilian all I have seen stand in line before the Presiding Judge of the Court with folded hands.
Rest is upto you to decide.
Renuka4291
(Querist) 11 January 2018
Iam thinking to start with a case of DV in court. For lawyers fees and all i hav to sell my jewellery as i have no financial support from anywhere. Mr. vivek Mahajan can u pls suggest me some good lawyer in Delhi.
My husband is saying take 15lac from me and fuck off. But what would i do with those 15 lac..will it bring back watever i hav lost..affcos not. He is offring me 15lac coz he is getting 50lac in dowry( he is from bihar and there it is the rate of an army officer). Also he is threatning me dat if i put case in court he will not come on hearings by giving the excuse of his duty. Also he is threatning me of doing 2nd marriage without informing anyone and will keep her in Bihar only
Vijay Raj Mahajan
(Expert) 11 January 2018
I'm a Delhi advocate practising in Delhi Courts, contact me: vijaymahajan5758@gmail.com
Guest
(Expert) 11 January 2018
So, materialistic ideas overpowered love and his emotions have gone for you! After all, how love (you) and war (your husband) can live together, when his warrior family (biggest villains, as per your statement) are backing him?
The saying is everything is possible in love and war. Your actions may be right in love and his actions may also be right in war. But now when you have also decided the war path (dv), your joining with him would become totally impossible.
But one thing does not become digestible. On one hand you have stated, he never talked to you, but on the other, you have now stated, he shared with you the secret of his being influenced by his parents about dowry from another girl. GOOD REVELATION.
By the way, when he never talks to you what is the source of your livelihood, while living in the quarters of the defence department? Also, when the army authorities have helped you to secure residence, why you do not approach the army authorities only to make them use their good offices to get you your love relations back from your husband.
Guest
(Expert) 11 January 2018
While law cannot compel your husband to revive his love & emotions for you, there are two options for you.
(1) win his emotions and love by love only, not by hatred by shunning the idea of a dv case. That can ruin your life also. OR
(2) Divorce, as the law can provide you only divorce and maintenance for you from your husband. Law cannot ensure love and emotions of your husband for you.
Rest depends upon your own wisdom.
Renuka4291
(Querist) 11 January 2018
Mr. Jigyasu ...
He never talked to me in the sense he never talked abt starting new life with me. It was only me who olways used to go to him and plead to him to forget the past and start again. We were living in the same quarter but living in diffrent rooms. He never started kitchen but food used to come from mess. He did not used to give me any money but when I stated complaining to his senior officers thn he used to give me some.
All army authorities have tried their level best to make him understand but he is just not listening anyone. Army also held counslling for both of us but that too in vain. He doesn�t bother anything for me. Army helped in applying for maintenance and under army act i will get 22% of his salary which will take 3-4 months to start. But the moment it will start i hav to vacate the house and then i will be having no place to go. He had a flat on his and his mothers name but now he also shifted to his brother name so that I can�t ask any right to live in that. Iam not looking for any benefit from anything, i just want to secure my future as i follwed the love blindly and that took me on road
Kumar Doab
(Expert) 22 January 2018
You are which spouse; Husband or Wife
LCI Expert Mr. J.C.Vashista is from army background and may agree to help you.
If you wish you may get in touch with him.
He has posted for you in threads initiated by you..
You are already apprised of some provisions of Army Act
Kumar Doab
(Expert) 22 January 2018
Other threads posted by you;
http://www.lawyersclubindia.com/forum/Harassment-by-husband-158350.asp
http://www.lawyersclubindia.com/experts/Harassment--669556.asp
http://www.lawyersclubindia.com/experts/Neee-releif-669426.asp
http://www.lawyersclubindia.com/experts/Query-regarding-court-case-668331.asp
http://www.lawyersclubindia.com/experts/Harassment-by-husband-668126.asp
You seem to have gathered info from perspective of Husband and Wife ..
If you are confident of handling as PIP you may go ahead.....
If you are looking free legal help go ahead...
Sudhir Kumar, Advocate
(Expert) 23 January 2018
you do not need a judicial order for getting maintenacen from your Army Husband. Submit written representation to the Army Chief for deduction from salary.
Renuka4291
(Querist) 16 March 2018
Dear experts....
With reference to my above query I want to further update that I have filed a case for Dv in delhi court, summons hav already been sent to my husband and next date to of hearing is 28th April. However summons have been sent to my husband only not to my in laws because I and they don�t have domestic relationship.
I also have given complaint to CAW cell for which they have sent notice to my husband thrice but my husband not coming there, although iam going on every date. What can I do regarding this?? Can I insist them to file FIR...any other tip u want to share?? Although i have appointed a lawyer and iam having full faith on him but even then i want to have a second opinion as this case is very imp for me.
I have tried ma best to avoid this legal battle and sort out amicably but my husband and his family took this gesture of mine for granted. They thought me weak coz again n again i was requesting them to not to ruin my life. I hav gone to court with clean hands. Its a simple case of cheating where my husband asked me to leave my job and parents and come to his city and get married to him. And then after 3 months of marriage he started asking me to cancell the marriage.he dint ask me even divorce he simply asked me to get married to somebody else and never reveal this thing to anyonr that u were married brfore. He even tried to burn our marriage certificate also but somehow i managed to get it safe.
His family also gave lot of threat to me. His brother being a law graduate starting giving threat to me that he will file lot of blah blah case on me and make me suffer alot.. for 6 months they kept on screaming that they doing some case against me ...but as they don�t have anything against me so no case as per now. Kindly enlighten me with your usefull advice
