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get_strong (engineer)     17 October 2013

Ugent advice needed:What can happen

I had given petition on domestic violence 7 months ago.In police counselling husband agreed to mend his behaviour and go well there onwards.but police asked me to stay in my mothers home till next day morning and then get back.But he started played foul game, by keeping house locked or telling that he doesnot stay in his mothers house anymore.When i tried to enter along with common relatives, for mediation ,his mother called police and she  had well in advance had already given complaint that we are threatning her ,attempting to kill her ,i left home without informing them,harassing with 498 case,asking more money  etc.(all bullsh*t).Police asked us to vacate her place as she has asked for protection.And police asked us to settle anything in family court but should not come to her home.My husband went absconding since 1 month saying the house is in his mothers name and he is homeless and staying in friends house.

But recently he has come back and staying with his mother.Since he has switched his mobile off,there has been no way to contact him.

I learnt his mother is out on tour for several days and he is staying alone at his mothers home now.

 

What would be the implications if i enter his house now?will that account to any legal action from police as they have asked me not to come there,and settle things in family court?

And as i know him,he is very goood emotional blackmailer,who always used tactises like attempting suicide,to gain sympathy .Chances are there he can do the same if i enter his house.Will it cause any problem to me legally?

 

should i give petition in police station that i m entering his mothers home,as last stay for both of us was the same,and he is staying there right now alone,and i have rights to stay with him,anything goes weired i would not be held responsible as his attitude is of that kind?



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 5 Replies

Ranee....... (NA)     17 October 2013

I think they have bribed police.Don't try to enter his home forcefully.If the house is his mother's then you can not stay there.

File case of DV directly in the court asking residence order in shared household.If they are not agree to let you stay there then he would have to give you alternate accomodation.

Sudhir Kumar, Advocate (Advocate)     17 October 2013

agreed

saloni (house wife)     20 October 2013

Dear Queriest,

 

Take few police people and enter the house, if your husband is staying alone there. Make sure u also have somebody doing the audio recording with you.

Tell the police that husband is in depression and you fear that he will commit a fake suicide attempt to harm you. They will compulsorily send him to councelling with some expert. Dont worry, never withdraw your case till they accept you with your terms and conditions. Let them roam around courts if they are not co-operating with you in saving your married life.

I dont know about your caste but also try to seek help of your samaj in this issue. Mail me if you need any help.


(Guest)

@ querist,

 

The advice given by @ Saloni is a childish or you may say foolish Due to following reason:

 

1. The House is on your MIL and she had already told the local police jurisdiction about such trespass.So this will make your further case or plead weaker.

 

2. It is crime and pinshment U/s 446/447 IPC of illegal trespass in House if it doesn't belong to that person who is trespassing.

 

3. It is crime and punishment U/s452/453 IPC of House-trespass after preparation for hurt, assault or wrongful restraint,lurking house-trespass or house-breaking.

 

4. You will be at guilt after such act so before doing any thing out of Law do think wisely and have patience to resolve the matter amicably.

 

------------------------------------------------------

 

Now other side of your case:

 

1. You query sounds only with revenge or with forceful deeds.

 

2. You want to continue your marriage and also afraid and get blamed to him that whether he may commit suicide.

 

3. I am astonished that You eagerly and illegaly want to enter into his mother's house, as what achievement you will get after entering in her home???

 

4. Do you will get Noble prize or Padma Bivushan after entering in her home and living against all???

 

5. If he is not ready to live with you then simply ask your freedom and put the price money on him according to your rate of freedom considering your streedhan and genuine alimony if any.

 

6. Remaining in such a devil and evil home with your so called dead marital husband will provide you any happiness...if yes then plz carry on..Iam no where to comment or reffrain you.

 

thanks.

 

 


(Guest)
Originally posted by : get_strong


I had given petition on domestic violence 7 months ago.In police counselling husband agreed to mend his behaviour and go well there onwards.but police asked me to stay in my mothers home till next day morning and then get back.

 

But he started played foul game, by keeping house locked or telling that he doesnot stay in his mothers house anymore.

There must be something wrong in your marriage.  Nobody does not behave like this without any cause.  There should be cause of action.  You went ahead and lodged DV complaint, there should have been a cause for that, likewise, for your husband to lock up the house and say that he is not living there should be some cause.  Remember, it takes two to tango.  Try to find out why your husband does not want you back.


My opinion would be:  You lodging police complaint against your husband itself would have pissed your husband off and does not want you back anymore.  Domestic violence, beating you into pulp I do not support, but why domestic violence has happnd that should be looked into, remember it takes two hands to make a clap sound.  You too should have done something  that he became physically or verbally abusive.  If there is not fault of yours then too if his behaviour is abusive one, then its better to take divorce and move on in life rather than trying to mend him using the harsher means of law.  Remember one thing, what can be done with love and affection you cannot achieve using police force and law force.

When i tried to enter along with common relatives,

 

This amounts to goondaism, taking a bunch of people and trying to enter into your inlaws house is nothing but hoogalism, such should not have been the approach, you should have aproached your husband and talked to him on one-on-one basis !


for mediation ,his mother called police and she  had well in advance had already given complaint that we are threatning her ,attempting to kill her ,i left home without informing them,harassing with 498 case,asking more money  etc.(all bullsh*t).Police asked us to vacate her place as she has asked for protection.And police asked us to settle anything in family court but should not come to her home.

 

As expectedd.  You go with ten goons or ten relatives for talk with a lady ie your MIL, what will she do?  You will try to forcibly take you back, what your MIL has done is absolutely correct.


My husband went absconding since 1 month saying the house is in his mothers name and he is homeless and staying in friends house.

You give DV complaint, ask him to come to police station, you barge in to his mother's place with 10-20 ppl what would the poor fellow do?  He was bound to run away.



But recently he has come back and staying with his mother.Since he has switched his mobile off,there has been no way to contact him.

I learnt his mother is out on tour for several days and he is staying alone at his mothers home now.

So what do you plan to do now?  Again barge in with  help of 20 goons and police?

 

What would be the implications if i enter his house now?will that account to any legal action from police as they have asked me not to come there,and settle things in family court?

If you go again there to barge in, you and your band baaja will sit behind bars, when you have ten ways to dance like this, your husband and your MIL too have 20 ways to escape.

And as i know him,he is very goood emotional blackmailer,who always used tactises like attempting suicide,to gain sympathy .Chances are there he can do the same if i enter his house.Will it cause any problem to me legally?

You definitely will be in trouble lady.  Either go to court, prove domestic violence, let him sit behind bars for 7 years.  If you do not prove domestic violence, your husband can make you go behind bars and sit there for a good 7 years for lying under oath in court of law.  Either ways your marriage would stand as over n out !.

 

should i give petition in police station that i m entering his mothers home,as last stay for both of us was the same,and he is staying there right now alone,and i have rights to stay with him,anything goes weired i would not be held responsible as his attitude is of that kind?

 

Where is the bl**dy love and affection am not able to get, you talk law, police, relatives, barging into someone else's property, etc but not an aorta of love and affection.  You dont seem to be the decent type.  You know how to make halla gulla, and so you are facing the music.  I pray that Lord Krishna give you some brains and let manmatha raja poke you with his cupid arrow so that you become lovelorn and seduce your husband, make love day and night and forget all indifferences between you both.

If he misses his shot, then there is Court, your goons, the police etc Happy fighting !


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