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hema (housewife)     03 September 2010

advise on physical harrasment by husband

I am a house wife and has been married for the last 22 years.My problem is that from first day of the marriage, my husband and their family members are harassing me.After one year of our marriage my husband drop me to my parents house.And then did not for 6 months for taking me & at that time my son was about 5 months old,so thinking about his future i came to his house by own.After that also he & his family continue to beat & abuse me.


All that i have bear because of my children but now the problem is that he is telling me & my children to leave his house But when asking him the matter why he is telling like that? he is telling nothing but telling me & my children to simply leave .And my children are doing B.E. so how can i afford their expenses.And  seeing this my children also are in the intense pressure and cannot study well.And my parent's are also not feeling well as they are in their 80's that's why i am not telling them about this.

please guide me what to do in this situation



Learning

 4 Replies

Mugundhan (Lawyer)     03 September 2010

You can the invoke the provisions of the domestic violence act. You have to file petition to the magistrate of ur jurisdiction for protection order, residence order etc., under the act ur husband cannot send u out of the house. Then there is Sec.125 Cr.P.C. for claiming maintenance. You can approach a local lawyer and take the necessary steps.


(Guest)

@ Hema


1. Quoting your own sentence :
" I am a house wife and has been married for the last 22 years.My problem is that from first day of the marriage, my husband and their family members are harassing me."

My take:
From first day of marriage even a hardened "criminal" likes to make love / s*x to his wife and not beat and torture and do cruelties so don't make stories here.


2. Quoting your own sentence :. "After one year of our marriage my husband drop me to my parents house.And then did not for 6 months for taking me & at that time my son was about 5 months old,so thinking about his future i came to his house by own."

My take:
So you  hide (Fraud) your pregnecy at the time of marriage bze if you married 22 years back and then say within 1 year of marriage your husband kicked you out and you know the "gender" of your yet to be born child who was at that time 5 months when he kicked you out so you committed fraud on your husband by hiding earlier pregnency ????


3.
After 22 years you want to teach him a lesson and all these 22 years you kept quite and suffered beating and abuse and yet never thought to "report" to any authority the cruelties ! What a crap wife's resort to after 22 years of marriage !

File bouquets of cases as following:

- S. 12 DV Act R/w s. 16,17,18,19,20 and ask for "100 % opportunity cost of those 22 years PLUS residence rights PLUS ask for partition of his properties too - see where you will go now so squat at his home partitioning his properties, if property in his parents name, kick them out and ask them to live in shelter home.
- Also file S. 125 CrPC asking for "22 years of lost opportunity cost"
- Also file S. 498a IPC and see to it that he never gets bail and your saas / sasur are also behind bars since 22 years you suffered beating and abuse.
- If unmnarried daughter then ask for her maintenance U/s 20 HAMA for meeting tution fees for higher education
- Once you file above then he has option only for filign Divorce which he will never get sinc ethe marriage is 22 years old, hence, file S. 24 HMA and ask for unmarried daughter maintenance and for your "opportunity cost" compensation.
- If I have forgotten some additional legal sections here and there then ld. advocates will guide you further.

Arup (UNEMPLOYED)     03 September 2010

REF TO DR P........

1 Like

(Guest)

@ Harsh

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