chitra (software engineer) 17 January 2013
Sanjeev (Lawyer) 17 January 2013
The relations seems to be very strained at this point whomsoever may be at fault its good to live peacefully for some time at your parents place forgetting the husband and his family ill doings as else it would create more mental pressure on you and your health which would be bad for you at this stage.
Try some elders to communicate with your husbands family if some solution as to the married life can be arrived at...if not possible then take a Mutual divorce and seperate.
Other way is to file cases on them bpth Criminal and civil though that wont help in resolving the tension but would finish off the relation.
Arvind Singh Chauhan (advocate) 17 January 2013
after going through the whole story threre is no chance of any amicable solution. If you want to get rid of such relation the divorce is the only remedy, you can take back all your stridhan also.
If you want to punish them you can take resort of court if police is not taking action. You can file application under 156(3) Cr.P.C. to lodge your FIR and to investigate the matter or you may file private complaint. In addtion to this you may file complaint under protection of women from domestic violence Act. Take help of lawyer.
Tajobsindia (Senior Partner ) 18 January 2013
I agree to above two ld. brothers’ sound and short opinions.
To value add I like to express as below;
In arranged marriage such as these the relative ‘concept of Justice' is derived by only two ways as per my thinking. Pick one option from below after consultation with your family / friends / men and agents to execute the same and thus receive ‘justice’ which you understands as here you are most affected person.
The marriage is dead for all practical reasons. No point in reviving it or feeling sorry about yourself now. Hence I place two options;
Option 1 – Call husband to a neutral mediation and press for plain MCD where all your istridhan and joint properties are handed over to you at first motion and no child custody for him. In minimum 6 months time you and parties yet to born child will get feel of ‘justice’ which is Decree in a MCD will be awarded and as and when you come back to social life post delivery re-marry / re-start life after 100 times more due diligence of your next would be groom / his side of each and every family members so that history may not repeat again. Tell present husband to agree for plain MCD as he and his side do not have any option once Criminal and quasi Criminal motions lodged by your side and then you as well as he / his side will definitely suffer but his side will suffer more. He will understand the message and agree on MCD is my view.
Option 2 – Call your family / friends / relatives / men and agent and take your belongings and return back to natal home. From natal home initiate directly in a Magistrate Court Criminal / quasi Criminal and Civil Divorce matters. Your presence is required at filing (admission) stage and later State takes your interest forward. At a much later stage your physical presence is again required i.e. during evidence stage and all these years you have to yourself and for the baby / career etc. when these nature cases on floor of Courts. As per Law of 'natural justice’ people against whom you filed Criminal and quasi Criminal legal actions either get a acquittal or conviction of a Court as "justice delivered to you from a Court". In this option 2 it is seen that it takes years say 3-5-7 years to prove paras from your brief but then that is for what Justice is meant for if one is coming here and asking "I want justice" !.
Otherwise to me people who do “arranged marriages” they should not later ask for ‘justice’ as arranged marriages are for people who take stock of top to bottom of either would be sides and then agree for a marriage and not afterwards seek justice from Court.
By taking stock of either sides before marriage one comes to know all positive / negative / hidden / open issues of both sides of families that with which a arranged marriage start getting turning into bad marriage and then acrimonious dozens of litigation parties suffers into including yet to born child of parties.
If you don’t like my reply then read last 50 discussions in Family Law Forum / Criminal Law Forum / Civil Law Forum queries put before us by common people just like you and opposite gender which experts in Family Law matters discussed / provided solutions and it will give you glimpse of right picture as to what actually ‘justice’ in Family Law matters is more or less all about then pick option which you find more suitable for you.
For moving motion on either of the above option you would naturally need local advocate found via reference help, which may not be a major concern right now as right legal option has to be picked up first which is what for you are here for. Hence tailor make your own justice model.
Ranee....... (NA) 18 January 2013
Chitra, your story of harrassment has no difference with that of a uneducated girl that faces in matrimonial home.
It is strange for me how you agreed for such a relationship after dowry demand being a software engineer?
Your marriage is almost 10 months old and now you are 6months pragnent.Why you let you to conceive baby of such a abusive, liar and greedy man?
There is no point of living with such a person even if he agrees to take you back.I think you are earning and you can well look after your child.So follow tajobs advice , if he is not ready for mutual then only go for criminal cases.
Msk-need -nuetral- laws (self) 18 January 2013
Press strongly the button of MCD. I guess he wont come forward . If he doesnt come forward, screw him by all means!
Why everyone suggests here MCD inspite knowing that your pain, because they dont want you to have more pains in loosing money, energy in PS and courts. Atleast through MCD, you can establish peaceful life in few years.
chitra (software engineer) 18 January 2013
rajiv_lodha (zz) 18 January 2013
Go for MCD and remember this case can be filed after 1st anniversary of marriage only to the least
chitra (software engineer) 18 January 2013
chitra (software engineer) 21 January 2013