Plight of a married christian woman

She can go to police and make a complaint under Section 498A IPC against her husband as well as his sisters. They will get arrested.

Why does she want to live with a husband who does not earn and feed him with mother's money? If mother gets pension money let mother and daughter to out and stay separately leaving husband behind.

As you mentioned it is a husband's ancestral property .... this poor woman has the option to move away any time !!   If woman can invite her mother to live in her husband's house then there is nothing wrong if husband's sister is living along too ...... By reading behind your words , this case surely looks like a property tussel of husband and wife and nothing else ~~ Husband may be bad as he is not working but What is stopping this poor woman to work and earn ?? 498a is a dowry harassment case and it sounds funny when a women claims harassment after 10 years of marriage ~~ This woman can demand reasonable amount from her husband and part ways to live and let live .. as simple as that!!! 

Who said IPC 498 is for dowry harrassment? I am reproducing below the Section:

 

498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with imprisonment for a term which may extend to three years and shall also be liable to fine.

 

 Where is dowry mentioned in this? When one looks at law with biassed eyes one sees things which are not there. The sisters are not staying in the same house. They are living in adjacent houses. They are just neighbours. Section 498A is exactly intended for the rescue of such women as the wife here. Why should she go out? She has also a 7 year old son. Where will he go? The situation appears such that no reconciliation is possible. Let the husband be put behind bars. If so warranted the sisters also can be taken along with him. If he applies for bail she should oppose the it, saying that he will return to the same house, which will endanger her life.  The woman can also apply for divorce asking for maintenance as well as a house to live in.

 

 

You may be right but there are no grounds on which Crueality can be made out ..... There are still many unanswered questions in  this case :

1. How come the mother of this poor woman can stay in husband's ansestral property and private space . Isn't it tresspass . Doesn't she deserve to be behind bars ???

2. Putting allegation that husband is not working does not make him a criminal . If this is the case the poor lady should also be behind the bars for not working too !!

3. If this poor woman is subjected to cruelity than she can save herself by moving out of the house . What is stopping her from doing that ??

4. Why suddenly after 10 years of marriage suddenly the cruelity happened .... Why the delay of 10 years to identify cruelity ???   As I sad before this appears nothing more than a PROPERTY TUSSEL ...

As per the query the husband stays in a  separate room and only comes home fro eating and sleeping ... It is his house then what is the reason he is spending most of his time out of the house ?? This woman CAN FILE DIVORCE AND PART WAYS , if she is innocent and wants to live a peaceful life !! 

Ramani ... you jumped to conclusion very quick ~~ without investigating nothing can be mae out . At this point of time no conclusion is possible particularly when its only sided story and unfortunately law doesnot work on emotions but on hard facts .... If this is the correct situation , How is this poor lady going to afford Lawyers and court fees and for how long ?? The fact is in almost all 498a cases both parties suffer one or the other way ~ and the benificiery is often the third person who earns out of someone's issue ..

Many thanks to the learned members for comments.

Dr. Ramani, thanks for suggestion and clarifying 498A.

Mr. Chandrashekhar,  It may help only her husband & sister-in-Laws, as they want the same thing (to drive out her from house).  They can't manage for another house for living and child's education with meagure pension amount. Feeding her husband is cheaper option.

Mr. Ashish, she do not want divorse thinking of child and his education because it may require funds and tention which are difficult to manage for her. Cruelity, yes earlier it was physical abuses too but since she called her mother to stay with her, it stopped. Husband & wife don't talk. if she tries, there is fight every time and husband shout and abuses badly. Her husband neither do anything for the child nor help in any domestic work.

Mr. Sameer, can you tell me what is wrong if she invited her mother to live in husband's house when husband's sisters are not living along? Can you also clarify me why you call husband's house, is it not her house too? Do you feel really there is no any ground for cruelity here? Reply to your other questions are as follows:

1. I already told why. Its not a tresspass as she invited her. How can you advise her to put behind bars who feeds intire family including husband.

2. You are making him criminal for not working, she has not. She is trying her best to get job to support the family, doing some computer training too for it. After all getting job is not so easy now a days, that too in a small town.

3. I replied it earlier.

4. Not 10 year, it started only after she became mother 7 years ago when husband started quarrelling and beating her. You said - "this appears nothing more than a PROPERTY TUSSEL ..."    Yes, to me also it appears like that but by her husband who want to evict her fro the house. You have also correctly said - "How is this poor lady going to afford Lawyers and court fees and for how long ??"

If u don't see anything wrong in trespassing someone's house without seeking permission from the owners then I can't see her as a victim ... !! Sorry Buddy !!

You still haven't answered what is stopping her to move out to save herself !! How are u related to this lady ??

If she fears of dispossession of the property, where she is living, she can file DV case and get residential rights from the court.  After that, if any one tries to create obstruction to her peaceful living there, they can be taken to task by the DV Court.

If she is unemployed, she can move maintenance petition against her husband for herself and the child.

Mr. Sameer, I think you have not gone through my answers in detail. I have answered all your querries point by point. Any way, I will elaborate / reproduce again.

1. Lady has invited her mother to live with her and her husband never objected to it. So why I should see something wrong in it and consider it a trespass? Do you think still permission is needed?

2.  For your querry- "what is stopping her to move out...." I reproduce from my erlier reply- "It may help only her husband & sister-in-Laws, as they want the same thing (to drive out her from house). They can't manage for another house for living and child's education with meagure pension amount. Feeding her husband is cheaper option"

In fact you have not answered many of my querries earlier. Just I want to reproduce- "Mr. Sameer, can you tell me what is wrong if she invited her mother to live in husband's house when husband's sisters are not living along? Can you also clarify me why you call husband's house, is it not her house too? Do you feel really there is no ground for cruelty here?  Now, I can hope for reply.

 

Adv. Chandu, your suggessions appears to be good but from unemployed husband how much maintenance she can get?

@Mr. Pradeep, As per the present trend in S.125 cr.p.c. maintenance cases, in the case of an unemployed husband, his earnings are assumed as minimum wages notified by the State Government and out of that 1/3rd to 1/2 wages will be given to the wife and child.  It is always better for the wife to have such a court order in her hand,  giving the option to her whether to execute it or not.  This order would certainly protect her from the harassment of  the husband and his relatives.

Mr. Sameer:

 

In this Forum always we get only one side of the story. There is no way we can get the story of the other side.  Hence we can do only one of the two things. (1) Take the story on its face value or (2) keep quiet. In any case we are only giving our opinion and not any judgment. We give our opinion, because it has been asked for.

 

There are here both men and women, who have suffered at the hands of their spouses and just because of their bad experience they look at everything with prejudiced eyes.

 

It is not just his house only. It is her matrimonial home too. He has no right to ask her to go out. As I said already, this is a fit case for Section 498A and also the DV Act. Under Section 498A the State is the aggrieved party and prosecution will take care of the legal expenses. The husband is behaving in the manner in which he is, because he may not know that there is a legal provision called Section 498A. Once he and his sisters are kept in the Police Station for one night they would know what it would be like. The husband may have no income. But if there is a court order to pay, he can reverse mortgage his house and pay maintenance to his wife. Otherwise the house can be attached.

Thanks Dr. Ramani for your comment. Mr.Sameer, yesterday I have seen your comments but could not reply. Today I found it is removed, I don't know why? It was really a good comment. Based on what I remember I would like to reply some of the points. 1. I don’t know why you are so against staying of mother-in-law in his house when he himself has no any objection to it, as earlier also I have mentioned (may be because she is the only person feeding to the whole family). You say her staying is a trespass and she should be put behind bars. 2. On “What’s making you think that filing cases will provide solution to this lady's problems??” So far I have never thought like that, it’s an allegation on me. I have only presented the case for an expert opinion from people like you. I request you to kindly suggest some workable solution. You earlier suggested that lady should move out from the house. I explained why it is not workable, other expert are also against this solution. 3. Thanks a lot Sameer for your offer to help, but unfortunately they are living in a small town almost 2000 km away from Delhi. Mr.Sameer, you have not answered many of my queries earlier. Just I want to reproduce for the second time- "Sameer, can you tell me what is wrong if she invited her mother to live in husband's house when husband's sisters are not living along? Can you also clarify me why you call husband's house, is it not her house too? Do you feel really there is no ground for cruelty here? Now, can I get your reply.

PHIR SE

 1. Can you please share any of the judgement copy in which right of residence / ownership was provided to mother-in-law in husband's ancestral property ???  Legally she cant stay .
 2. These days even a roadside vendor or a street kid can propose to file 498a / DV if there is any family dispute . Ramani , As you mentioned that there is no way to get other side of the story then on what basis can you imagine the other person's fault .  You  suggesting  " Once he and his sisters are kept in the Police Station for one night they would know what it would be like "  simply reflects your thinking . Sorry mate but LAW IS FOR PROTECTION & NOT FOR HARASSING PEOPLE .
 3. Pardeep , what's making you think that filing cases will provide solution to this lady's problems ??
 4. None of you is talking to actually help the poor lady . Atleast one of you could have volunteered to fight the case FREE OF COST for this lady or could have extended any monetary support . Pardeep , I don't know where this lady is from but i can offer her or her husband a job if in Delhi. Let me know if she is interested ??
 5. Ramani , I appreciate that you accepted  " In any case we are only giving our opinion and not any judgment "  
 
 Cheers :-)