- This topic has 6 replies, 5 voices, and was last updated 1 month, 2 weeks ago by
.
-
Posts
-
-
UHi. I’m looking for Legal advice here.
My best friend – 30F has been facing Verbal, emotional and some times physical abuse from her husband ( he slapped her once) and verbal abuse from husband’s family .
She was married 4 years ago.
She is a working women.
It was an arranged marriage, started with the guy presenting himself as a tea totaller. However, what she found out after the wedding was the opposite. He drinks and smokes every single day.
I mention this because it is a deal breaker in her family. She wouldn’t have gone for the wedding had she known he’s a smoker in first place .
Eventually, the financial extortion started. They Robbed her salary every single month for 4 years and she sometimes depended on her family even to buy basic stuff like her clothing.
The guy would take money from her and invest on his brother’s name or another family member’s. So there is literally nothing on his or her name at the moment. She only got to know about it recently. Not sure the husband was planning it all.
She also faced verbal abuse from her mother in law and father in law.
They tortured her with words. Even ridiculed her in various family occasions.
Whenever she complained about this to her husband, he would shut her down and threaten her into to saying anything to his parents.
Then came the pressure to have a baby..eventually she gave in, thinking it would make things better. But she was wrong. Things got worse when she got pregnant. There was literally no support.
When she delivered a girl child, She got abused and mentally tortured right in the hospital, In front of the doctors. Apparently the husband’s family expected a boy and they’re accusing her for delivering a girl.
At this point, she doesn’t want to continue in that toxic relationship anymore. Rather choosing to be a single mother.
What are the legal actions that can be taken against the husband and his family here?
If anyone had gone through a similar story, what advice would you give her to prepare for the battle (legal / keeping the sanity).
-
SAs per the facts and circumstances of this case, crucial facts are missing which are required for better guidance :
1. Does she have an MLC pertaining to the physical violence?
2. Does she have any audio/video evidence that emotional/ verbal violence was committed ?
3. Any communication via whatsapp/ SMA that the husband misrepresented himself as teetotaller ?
4. Any evidence ( documentary/ audio/ video ) that her salary/savings were robbed off / used / consumed by the husband and his family members ?
5. Any evidence in any manner pertaining to the threats / ridicules at family occasions? Any witnesses other than her family members?
6. Would you like to take full custody of the girl child ?
7. Would you like to settle the matter and move on with your life OR would you want him to face legal consequences?
8. Would you prefer saving time by avoiding litigation or take a chance ?
Now, as per your queries :
1. You can file one Domestic Violence complaint in the court of your jurisdiction.
2. You can seek maintenance, residence rights and compensation etc. vide a Dv Complaint.
3. You can file a complaint before CAW ( Crime Against Women ) Cell, by simply filing a complaint at the nearest Police station. This complaint will later transform into an FIR.
4. You can also file a maintenance petition against the husband.
5. Since you have a child, you’ll start receiving maintenance in the initial stage of the Maintenance petition / DV Complaint.
6. You can file a divorce petition on the grounds of cruelty. Though the divorce petition usually lingers for a few years ( depending upon your location) and a wife seeking divorce loses alimony most of the times.
Since you’ve already decided you don’t wish to cohabit together, Either a divorce OR DV, maintenance and a complaint before CAW Cell must be filed relying upon the answers to above queries.
I’d always recommend out of court settlement wince litigations consume time, energy and health. Also, once you enter litigation prepare yourself to include litigation as a part and parcel of your life. Patience is the key.Hope it helps.
-
MFrom the facts stated, your friend appears to have been subjected to continuous mental cruelty, economic abuse, verbal harassment and domestic violence at the hands of her husband and in-laws. Under Indian law, these acts are actionable and she is legally entitled to seek protection and remedies.
The forcible control over her salary, deprivation of financial independence, humiliation for giving birth to a girl child, intimidation, threats, and physical assault clearly fall within the scope of domestic violence and matrimonial cruelty.
She may initiate proceedings under the Protection of Women from Domestic Violence Act, 2005 seeking:
• Protection orders
• Residence rights
• Monetary relief and maintenance
• Custody orders for the child
• Compensation for mental torture and emotional distressShe may also lodge a criminal complaint for cruelty and harassment against the husband and responsible family members.
Before taking any legal step, she should immediately preserve all available evidence including messages, bank transactions, medical records, recordings, photographs, and details of witnesses. Financial documents and proof regarding diversion of her earnings into third-party names may also become important during proceedings.
As a practical and legal precaution, she should secure her personal documents, independent finances, and safe accommodation before confronting the husband or his family.
Most importantly, she should consult a competent family law advocate in her jurisdiction at the earliest stage so that the matter can be approached strategically and with proper legal protection for both her and the child.
No woman is expected under law to continue enduring cruelty, humiliation, violence, or coercive control within a marriage.
-
-
-
UFor anyone reading this. Having babies won’t solve anything. Stop thinking things will get better with kids, rather they get amplified and toxic. And for your friend luckily her being a woman, she can get out of this marriage and put cases on him and his family. There is not much need of proof either. Just consult a good lawyer and proceed. I have my brothers friend who got to know the girl was married before their marriage, split in two months of marriage, still cannot get a divorce after 1 and half year, he is having to settle so much financially just to get out of this mess.
-
DLawyer here. This conduct may amount to domestic violence, including physical, verbal, emotional, and economic abuse under the DV Act. Financial control over her salary, repeated humiliation, intimidation, pressure regarding childbirth, abuse after delivery of a girl child, and physical assault are all relevant circumstances that can be raised legally. Depending on the evidence available, remedies may include filing a domestic violence complaint seeking protection orders, residence rights, monetary relief, child custody-related reliefs, and compensation.
In appropriate cases, criminal proceedings may also be explored for cruelty and related offences. She should preserve all possible evidence and witness details. Since a child is involved and the situation appears emotionally severe, it is also important for her to secure a safe support system and maintain detailed documentation of incidents going forward.
-
-
