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v nerella (housewife)     12 July 2014

Harassment by husband

Hi,


i am 57 years age and govt employee. getting retired by jan 2015. My husband developed grudge against me and mentally harassing me with all the ways, my children are married and well settled they are supporting me. but my husband is harassing and scaring me that he will kill me and make it as suicide. He was doing business earlier and face huge losses. i have helped him by giving lot of my earnings, but now he is expecting to take my benefits after my retirements i am not ready to give those benefits (because these benefits are for my service and only hope for after retirement life). so he planned to start mental harassment.
he complained against me in police station saying that i am harassing him. due to social life i took is in positive way and said sorry. but after that he demanding money and started mental harassment.


could anyone helps me how to go forward. i dont want drag my children in it.



Learning

 15 Replies

Q Slinger (NA)     13 July 2014

Apply for divorce and seperate from your husband.

 

Others here might suggest 498a..but it will do you more harm than anything else. Or you can also file DV and just ask for Right to residence and protection from your husband, as long as your story is true..if its not...filing false cases will bite you back.

 

But any cases in courts have its own headaches...so weigh all options before proceeding the legal way. Try marriage counselling first.

Sandeep Naik (Advocate)     13 July 2014

Filing case/complaint in the police station has its own drawbacks/hedache. However, sometimes , it becomes inevitable to do so. In ur case, u have no option but to file counter criminal complaint stating all the facts . Let it come on the record. Unless, police records the same, his complaint may be treated as true as u have not stated any thing in ur  defense. GAther ur courage and tell ur children and they will help you. Best Luck.

Ádv. Sandeep Naik ( Mob : 99670 56989)

Adv. Chandrasekhar (Advocate)     13 July 2014

Your case as simple as a piece of cake.  Just take a leave tomorrow and go to court and engage a prudent advocate and file domestic violence case.  In that you have to ask only one relief - protection orders.  In that petition specifically mention that your husband should be prohibited to contact you via telephonic talk, mobile talk, e-mail, sms or any other mode and also prohibition of personal contact.  You can also ask in the same petition, he should never stalk you or approach you in your workplace or the places (like your parental home etc.) generally you visit there.  Now comes the another aspect of this problem.  If you both are living under the same roof at present, seek residential rights in certain part of the present living place, in which he cannot contact you.  If you feel any apprehension of immediate threat, you can move over to some other place, till you get the protection order and residential rights.  These are interim reliefs, you can get them expeditiously, even sometime ex-partee.  Now, coming to the retirement benefits.  You need not to pay even single penny to him.  Write a will in accordance with law and get it registered barring him to have any of share in your immovable and movable property.  If any physical force is applied by him to take away money lying with you, call the police on 100 and register your complaint there itself.  The law is there to protect you.  Only grit from your part is required to get it.  Hope this response gives you the necessary courage.  Warm regards.

stanley (Freedom)     14 July 2014

 

Originally posted by : Adv. Chandrasekhar

Your case as simple as a piece of cake.  Just take a leave tomorrow and go to court and engage a prudent advocate and file domestic violence case.  In that you have to ask only one relief - protection orders.  
 

Tomorrow you take leave for one day is fine .Than for the next 4-5 years till your case comes to a judgement you keep taking 2-3 leaves every month . so even if i calculate for 5 yrs the no of leaves you would be taking is almost 125 days  :-) .apart from this one day his lawyer will be absent and another day your lawyer will be absent than one day judge will be absent . Than take into consideration the fees you have to pay to the lawyer plus travelling expenses of you and your lawyer to court premises apart from that spending the entire day in the court premises and a waste of your valuable time . 

So its not going to be a piece of cake . 

if you can stand your ground than be firm and stand by it .

 

5 Sure-fire Ways to Overcome Fear and Anxiety TodayLearn these 5 powerful allies against anxiety and enjoy life again

5 Sure-fire Ways to Overcome Fear and Anxiety Today

"5 Sure-fire Ways to Overcome Fear and Anxiety Today" courtesy ofGenista

Legend has it that Nasrudin was walking alone at night when he saw a group of people approaching in the far distance. Instantly, his imagination began to toy with him: "They are surely robbers!" he thought. "No, why just robbers? Murderers, cutthroats! About to set upon me, a lonely traveller, leave me for dead and steal all my possessions! How are my wife and children going to cope without me?!"

Nasrudin's heart began to pound. His mouth became as dry as his palms became wet. He shook from head to toe and found himself breathing like an unfit man running to the finishing line of his first marathon.

Having thoroughly terrified himself, he stumbled into a nearby graveyard and cowered shaking inside an open tomb, awaiting his fate. Meanwhile, the harmless strangers, worried by his dramatic behaviour, approached him and looked with concern down into the tomb. "What, pray, are you doing down there?" they asked.

Nasrudin, calming down quickly, said: "Well, put it this way: I am here because of you and you are here because of me!" (1)

Imagination is a tool to be used, but how many people misuse it to torment themselves? Imagination and emotionality are closely linked and what we imagine can feel very real to us (even when it isn't at all).

As the author Katherine Paterson once said: "To fear is one thing. To let fear grab you by the tail and swing you around is another."

If you find yourself becoming overly anxious, use the following steps to help you calm down and start to regain control.

1) Breathing is the short circuit for anxiety

I know I know, you hear a lot about 'deep breathing' to help you relax and reduce anxiety, but bear with me.

Quicker, shallower breathing is the first trigger which catapults all the other anxious symptoms into action. So by controlling breathing you control all the other anxiety symptoms as well.

If you purposely breathe out longer than you breathe in, your body has to calm right down (regardless of what tricks your imagination is playing on you).

So if you start to feel fearful:

  • Stop
  • Focus on your breath
  • Take a breath in (to the quick count of 7 in your mind)
  • Then slowly breathe out (to the quick count of 11 in your mind)

If you do this for a minute or so, you'll be amazed how quickly you've calmed down. We call this '7/11 breathing' but the numbers are up to you, just as long as the out-breath is longer than the in-breath.

"That's all very well!" I hear you say. "But when I get anxious I forget everything and all good advice goes out the window!"

Good point and well made. This brings us to...

2) Prepare for peaceful performance

If you get anxious and fear upcoming events, you'll notice that just thinking about that interview, speech, or whatever will start to cause physical responses – namely, anxiety.

So you might be thinking about next Wednesday's dental appointment and find yourself breathing more quickly or your palms getting moist. This in turn primes your body to become even more anxious in the actual situation and so the vicious cycle continues. And note the role of the imagination in priming your mind and body to feel fearful (see opening story).

But you're going to find that breathing in a relaxed 7/11 way whilst imagining the upcoming situation ahead of time calms the association down, priming your mind to feel more relaxed naturally and automatically when the actual situation arrives.

So when you find yourself thinking about the future event, do 7/11 breathing.

One symptom of too much fear or anxiety is not being able to think clearly (Nasrudin stumbled into the nearest tomb!). This happens because the emotional part of the brain 'swamps' the thinking part so as to avoid, say, over-analysis getting in the way of running like Bejessus from a lion.

But in most modern situations we want to retain clear thought. And keeping your 'thinking brain' working actually calms you right down. The next step helps you do that.

3) Use a different part of your brain

When we become very anxious, it's harder to think clearly. But if we force ourselves to use parts of 'the thinking brain', this will dilute the emotion and begin to calm you down.

The easiest way to do this is with numbers. You can scale your own fear from 1 to 10, 10 being the most terrified it's possible to be and 1 being the ultimate relaxed state.

When you're feeling anxious, ask yourself: "Okay what number on the scale am I right now? Am I a 7, or a 5?" Just doing this will lower anxiety because it kick-starts the thinking brain, diluting the emotion and automatically making you calmer.

I recall the first time I gave a speech to three hundred people. Just before I was about to start, I was feeling more anxious than I would have liked. So I scaled myself at a 6, breathed longer out than in for a few moments, and waited for myself to go down to a 3 before starting. I took control. Scaling (sometimes known as 'grading') your fear puts a 'fence' around it, making it more manageable, and forces you to think.

4) Get control of your imagination

Fear and anxiety thrive when we imagine the worst. We developed imagination to be able to project into the future so we can plan ahead. However, a side effect of being able to imagine possible positive futures is being able to imagine things going wrong. A bit of this is useful; after all, there really might be muggers or loan sharks. But uncontrolled imagination is a nesting ground for anxiety and fear that can spoil otherwise happy lives.

Some people misuse their imagination chronically and so suffer much more anxiety than those who either future-project their imaginations constructively or who don't tend to think about the future much at all. Anxious, chronic worriers tend to misuse their imaginations to the extent that upcoming events feel like catastrophes waiting to happen. No wonder whole lives can be blighted by fear and anxiety.

Some people don't even really know they are doing this. So:

  • Sit down and do your 7/11 breathing.
  • Count yourself down from whatever number you deem yourself to be to a 2 or a 1.
  • Imagine seeing yourself in the situation you were dreading, but see yourself being calm, composed, cool, and comfortable and things going well. Doing this starts to recondition your mind to feel calmer and more upbeat about upcoming events or regular situations which were causing anxiety.

Or let me do this for you by clicking on the free audio below:

 

 
 

5) Use the AWARE technique

Fear and anxiety can feel as if they 'just happen to us', but we have much more control than we realize. AWARE is an acronym standing for:

A: Accept the anxiety. Don't try to fight it.

W: Watch the anxiety. Just watch it and when you notice it, scale your level of fear and start to breathe longer on the out-breath.

A: Stands for 'Act normally'. Carry on talking or behaving as if nothing is different. This sends a powerful signal to your unconscious mind that its over-dramatic response is actually not needed because nothing that unusual is going on. Like fire fighters coming out and seeing that no emergency is happening and so going back to the fire station.

R: Repeat the above steps in your mind if necessary.

E: Expect the best. One of the greatest feelings in life is the realization that you can control fear much more than you thought possible.

Overcoming fear and anxiety will give you the 'spare capacity' in life to focus on what you really want to be and do. It takes effort, but imagine the rewards.

Adv. Chandrasekhar (Advocate)     14 July 2014

I stand by what I say.  you are a govt. Employee and at the verge of retirement.  If your relief is confined to protection orders, you get them expeditiously within three months from the date of filing.if you present your case effectively, you have the opportunity to get protection orders ex-partee as interim relief.  Protect yourself from physical and financial abuse from your husband and his supporters by invoking your legal rights. Warm regards.

Rangee (Lawyer)     15 July 2014

Hi,

 please do not give single rupee to your husband, it is your hard earned money. Do not be afraid of false complaint in police station. consult a good lawyer you can easily win the case if you are sincere in what you have said. If he harasses to much file complaint under domestic violance act. Win the confidence of your children and close relatives and fight it out in the court he will pay heavily for his bad conduct.

yours

Rsksingh

stanley (Freedom)     15 July 2014

The DV act states that 

1. Every case must be disposed of within 60 days of the first hearing does it ever happen in india .

2. Why do lawyers never believe in this law of 60 days from the first hearing and our Uncle Chandu states that he stands by what he says not as per the law laid down that is within 60 days but 90 days .

3. How many cases have been disposed of within 60 days or 90 days :-) :-) leaving aside the ex-parte orders .

 

Q Slinger (NA)     15 July 2014

Rangee what do you mean by " Do not be afraid of false complaint in police station."

sankar P (supervisor)     21 July 2014

@ Stanley sir,

Practical solution to minimize the problem in human being life,

Nice Suggestions,

Many Thanks,

BEst Regards,

shankar.

Rangee (Lawyer)     21 July 2014

Ms.Narella,

 I mean please do not yield to black mailing tactis of your husband, you may contact good lawyer for in depth advise in this case because much depends upon the what is actual situation going on at the point of time. I mean to say learn about the law and explain the legal position when ever some one tries to push you in false case. 

yours 

R S K Singh 

Rangee (Lawyer)     21 July 2014

Ms.Narella,

 I mean please do not yield to black mailing tactis of your husband, you may contact good lawyer for in depth advise in this case because much depends upon the what is actual situation going on at the point of time. I mean to say learn about the law and explain the legal position when ever some one tries to push you in false case. 

yours 

R S K Singh 

Rangee (Lawyer)     21 July 2014

Madam,

 I mean to say that learn of bit of law, consult good experienced advocate who can handle your situation. Do not yield to black mail by your husband. It is not known what is exact situation you are facing it is safe to consult your local lawyer in this matter. 

Yours 

R.S.K.Singh 

Tajobsindia (Senior Partner )     21 July 2014

Proof of the 'pudding' is in the 'eating' !


PUDDING - Your subsisting marriage r/w married children and further r/w retirement looming large in the horizon and finally r/w contentious 'married' OLD AGE.


EATING - Even if you follow Lord Chandrasekhar advise your forthcoming retirement r/w post retirement lifestyle will end up traumatized with no husband for company. In 'societal scenarios' it is called 'out of frying pan into the fire' situation for an retired yet married lady.

 

I am in no means discouraging you from seeking Protection Order but do take a pre-retirement pause and think aloud 'what will your post-retirement' marital status should be like; husband barred to come near you - no verbal talk with him - no seeing him in your place of dwelling = "a retired old lady leading a Divorcee lifestyle" ! In front of police you thought of society but should you not give same thoughts for long when you are soon retiring for your own post-retirement graceful living?

 

Hence, concluding my short take for you with advise on - opt for 'Civil Divorce' and lead retirement life with bliss and peace.

 

File 'mental cruelties' ground based 'divorce' and side-by-side find a retirement home where you can recoil post retirement with married children as 'visiting' company. Under this civil law within parameters of 'divorce case against husband' you can seek no contact from spouse as in-built provisions (if the govt. accommodation is provided on your name you can bar him from staying there too) and all these civil cases eventually ends within 'civil necessities' instead of getting struck on mere 'Protection Order' under DV Act, but with tag of 'I'm a married spouse - BUT no; physical - verbal - emotional - economical - guardianship contact with my other spouse', which is what a 'Protection Order under Bharat Ratna DV Act' will give you as long term status and yet he will still remain your legal wedded husband i.e. in the eyes of 'society' and one of the heir  to your post retirement benefits in case you pass away early on account of PRPOS (post-retirement 'Protection Order' Stress) !.

 

OR

 

Both of you attend marital counseling sessions which is another 'social way' of resolving old age marital conflicts between senior age spouses and jointly lead peaceful retired life.

 

OR

WEALTH (i.e. retirement benefits) can’t buy Health, but HEALTH (i.e. productive use of retirement benefits for a needy spouse) can buy Wealth.

PS.: 

Since you are currently working for an earning income in a Govt. service and retirement is 6 months away it is suggested not to use ‘housewife’ under your name which you are not as of date least to mislead legal Experts!

1 Like

stanley (Freedom)     22 July 2014

A very ...very  practical projection of the  pros and cons of a protection order along with a dash of Divorce and its effects  and after effects by Mr Tajobs . He makes the forum lively with his practical replies and comes to the point  . 


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