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Anju Verma (House Wife)     28 September 2016

Harassment by my husband

Hi, I am facing domestic violence and s*xual assault since last 5 months. My husband was cheating me since a long time and I had no proof but now I have the proof. Somehow I got the call recording of his extra marital affairs. I refuse to have s*x with him, so he do violence, s*xual assault and try to kill me. I have no idea what should I do as I am facing physical, mental and s*xual harassment by my husband and due to social and family modesty I am not able to tell anyone. Thanks & Regards, Anju


Learning

 7 Replies


(Guest)

Decide if you want to live with him or leave him. Since he is violent, its not easy to tell him. So if you want to leave, just leave quietly, and go to your parents place. Later, send family mediators and let him know that he end the marriage through divorce and paying alimony to you or else he will have to face tough time in court paying you interim maintenance, fighting DV case etc. 

I strongly suggest not to file any cases, both divorce or 498a, DV etc. unless all talks fail and you are left with no choice. People often instigate you to file cases immediately, because they want to make money through your cases. They don't care about your future life. Friends and relatives also instigate to just watch fun. Don't fall trap to such advises. Try your best first using family mediators for amicable divorce. Filing cases, will give you also trouble, disrepute, loss of valuable years ahead of you in trips to courts.

Good luck.

Anju Verma (House Wife)     28 September 2016

Is there any way that it can be fixed by police interference?

I don't want to divorce if he doesn't harasse me anymore.


(Guest)

If you involve police or any law enforcement officials, you can kiss your marriage goodbye. No husband would continue (at least with peace of mind) with a wife who made police complaint on him. You can ut most threaten to go the legal route (without mentioning police or cases), but if you really involve them, marriage is now exposed to public and law. Very hard to resurrect relationship again. 

I am not scaring you against seeking help of police. After all, its your fundamental right and certainly an option you should take if things go out of hand. But exercise that option with caution and knowledge that it could be end your marriage.

Note: This is strictly a personal advise, not legal. I am not a lawyer.

 


(Guest)

 

Best wishes,

SAINATH DEVALLA (LEGAL CONSULTANT)     28 September 2016

The reply by Mr Venkat looks sensible and apt at this stage.

whatnot   28 September 2016

COurt of Justice seeks evidence and proof which are validated such as police case , witness. More often than not few messages , call recording are incidental and authencity gets questioned and cases drag on.

 

As Mr. Venkat said, The first step is to decide what do you want in life. No return from that decision. Once you decide then make sure atleast a police compalint FIR is raised before leaving and police has proper documentation.

 

You don't have to puruse 498a, DV and all and can still be mutual after this.

This will help you to push your case even if it contested. Also maintainance later of, if required .

 

There is no point in chosing justice system to punish someone. But if they deserve you have to use the force of law and make sure it is used properly.

 

No deed should go unpunished. Especially voilence. If left undone, he may repeat on someone else.

 

A walk alone (-)     28 September 2016

First sit with a cool mind and decide what do you want? You want to continue your marriage or not? Your one step toward police or court will break your marriage for ever. Try to sort out family matter in four walls. Once family matter move outside four wall nothing remains in relationship. Dnt expect much from court and police. Police and lawyer are only to make money and see live telecast family drama. So be careful try to solve mutually if it fails then involves elders. Nothing you will get by police or moving toward court.

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