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UI’m posting this on behalf of my friend, a 26-year-old woman who is going through a very challenging situation in her marriage.
She had a love marriage six years ago, which was registered in a Rajasthan court. Initially, everything seemed fine, but after just 5-6 months of marriage, problems began. Her husband and in-laws have never respected her or treated her kindly.
Whenever she fell sick, they never cared for her or accompanied her to the hospital. She had to manage everything on her own. Her husband, unfortunately, only seemed to care about physical intimacy, often demanding it even when she was busy with household chores or not feeling well.
Before marriage, she was independent and working. However, after the marriage, they forced her to stay at home and denied her the opportunity to work. Despite keeping her financially dependent, they didn’t provide her with any money for personal expenses.
This cycle of mistreatment lasted for four years. She would leave and return to her parents’ house after arguments or mistreatment. Every time, her husband and his family would promise to change, and she would go back, only to face the same issues again after 4-5 months.
For the past year, she has been living separately, away from her husband and in-laws. Recently, she met her husband in a public place and told him she wanted a divorce. He agreed. However, his father has been calling her father, trying to manipulate him and turn him against her. To make matters worse, his father demanded ₹8 lakh, claiming it was the “expense” of keeping her in their house for four years.
She has made up her mind to move on and get a divorce, but she doesn’t know how to proceed legally. She doesn’t want anything from them—just a peaceful separation.
Her father supports her decision but insists she stay at her in-laws’ house for 5-6 days and file an FIR against them before returning home. She is not comfortable with this and doesn’t want to go back to that house, even for a single day.
Before her marriage, her father had prepared a legal agreement that her husband and his father signed. The agreement stated that if they caused her any trouble—such as dowry harassment or violence—they would face legal consequences. Their actions clearly violate this agreement, as they have subjected her to mental, emotional, and financial abuse.
She needs advice on how to proceed with the divorce peacefully and as quickly as possible. How can she convince her father that going back to her in-laws’ house isn’t necessary? What legal steps can she take to ensure this process is smooth and safe? Currently living in Pune.
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UNAL
She does not need to pay 8 lakhs for staying in the in-laws house.
Legal agreements before the wedding are generally not held up in courts in India. Your friend can initiate divorce- and can demonstrate that other person was cruel if she has documented evidence. Court will award her alimony and maintenance if she is significantly dependent on the husband.
Alternatively, your friend can ask the husband for mutual divorce. Most husbands will give you a divorce if you say no alimony.
Get with a lawyer. No point in filing fake cases and ruining lives of 2 families.
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UI didn’t say this was a fake case. In case you are not upto date with what’s happening, when the woman goes to the lawyer, he will make her file a bunch of fake cases. That’s what I told to refrain from.
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UThis is the mentality that’s keeping the country in the crapper.
A guy can not file fake cases such as 498a. Maybe his mom can file a fake DV, but that’s about it. And yes, when a girl goes to a lawyer, most of them do it to get an upper hand since only a wife/woman can file dowry harassment, unnatural sex, and rape. No where I said don’t get justice. A normal divorce proceeding would also give her alimony.Instead of making inflammatory statements, you should see and comprehend what was said.
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UBro, you have some kind of trauma. This is a woman with real problem who is going to die if she stays in the marriage.
What cow shit are you on ?
Bas Mar jayegi tho best hain na year, Kal theri bhi kpi behen hogi, usse bhi yahi Salah dena. Phir jala dalenge usse. Tum phir has lo.
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UThey’re demanding 8 lakhs for her living expenses since she wants a divorce. No where in the post has it been mentioned that she was harassed for dowry prior. Only that she was mistreated. 8 lakhs is not same as Dowry harassment. It is harassment. As I said before, no court will give it to them as wife is responsibility of husband.
You claim she’s going to die- no where in the write up has it been said that she was beat up or violence was committed on her. How are you inferring her death from a financial mistreatment? So your money is cut off and you assume you’re going to die? By your logic every time someone loses a job, they’re dead. Your biased mentality and prejudices without comprehension of the severity of a fake case is not what is needed.
As I said before- she’s being harassed, she can file for maintenance and a divorce based on mental cruelty and she will get alimony provided there is difference in assets/ standard of living …etc. Alternatively, if she just wants to be free of the guy, she can propose mutual divorce and say the guy won’t owe her anything to get rid off him quickly. Those are two fair options.
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UI don’t understand your question. If your question is why can the husband’s mom file a case on the wife here- She should not. But that’s the only fake case they can file from a dv standpoint on the wife. Other cases like stealing can also be filed, but that’s a gender neutral case.
If your question is why can she file against the wife? If the husband’s mom was abused, the law gives her similar protection as the wife. Not the same. Similar.
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MContact a divorce lawyer. Explore the option of divorce by mutual consent. If mutual consent is not in place, the lawyer will advice you on the best course of action.
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NDemand of 8 lakhs by husbands family for keeping in their house is a dowry demand as it’s the husbands duty to provide for his wife’s expenses. Approach a lawyer to send a legal notice first placing all facts on record , ask for mutual divorce with maintenance and then if they don’t respond then file a case for dowry harassment and divorce.
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U1. If spouses are comfortable with mutual consent divorce, file it!
2. Else file divorce based on grounds of cruelty.
3. Before proceeding with #1& #2, please prepare the date and sequence of events for ready reference. It would take some mental exercise to recall and fir in all the dates based on different references like chats, messages, calls, memory recall etc. remember this is the most important aspect of pre-filing exercise
4. Try and keep it factual based on #3 with a few alterations based on the lawyer’s suggestion.
5. Always consult a competent lawyer to prepare the factual stories, that’s the basis of your case and will decide the final outcome!
Lawyer this side! -
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UWell, just tell her to file for divorce and start living separately. Dont do any false cases, so that there isnt any counter allegations; get done with it and move on.
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P1. She can file a divorce case either Mutual Consent Divorce where her husband also will be agreeing to it. Read the procedure for Mutual Consent Divorce here [https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/](https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/)
2. If her husband is not willing to file a joint petition along with her, she can file a contested divorce case on the grounds of cruelty. [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)
3. Any agreement made regarding the terms and conditions of marriage or anything similar to that is not legally binding. Forget about that agreement, it will not be of any use.
4. If she doesn’t want to press any criminal charges on her husband or in laws, it is her wish. But if they insist that she has to pay them money for her stay in their house, she can reply them with a dowry harassment case or domestic violence case. [https://divorcebylaw.com/dowry/](https://divorcebylaw.com/dowry/)
[https://divorcebylaw.com/domestic-violence-lawyer-in-bangalore-india/](https://divorcebylaw.com/domestic-violence-lawyer-in-bangalore-india/)
If you need further clarification on the procedure, feel free to contact us at [https://g.co/kgs/dYarFxp](https://g.co/kgs/dYarFxp)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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