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MWhile domestic violence and emotional abuse are normalized in Indian households as a rule, what you’re going through is much more severe than the usual level of physical violence. People usually use the idea that “ok it waSnt serious” to minimize their experiences. But even those people can’t minimize your experiences.
If you can make yourself physically safe from him, then I wouldn’t worry about the rest. He may try to cook up stuff about you but it’s very hard for a grown man to pretend he is being victimised by wife and minor daughter. If you can record anything with phone in pocket, you can keep that as evidence along with medical records.
But yes, getting away safely and keeping him out of your life in all ways needs to be the priority
MLegally you should go through the court to get her to either buy out your share or sell it together.Info: have you applied for divorce? Or only separated
MIf you’re concerned about her health to the point of worrying she’ll die, then put off sex instead of asking for legal advice *in case of* death.And this is something she needs to clear with her doctor. If it’s not a big deal, the doctor will say so. And if she or you are not yet able to have such frank conversations with medical professionals, consider whether you’re ready for this step.
MThe “rise in false cases” has been hugely overstated. Evidence cannot be fabricated so easily.What people think are false cases fall into a few categories:
1. Genuine situation, but not enough evidence so the case though registered gets withdrawn
2. Genuine situation but case withdrawn due to pressure or mediation outside the court
3. Genuine situation but accused is acquitted due to prosecution not meeting the burden
4. Fake case but registered by family members other than the girl/ woman or by pressuring the girl/ woman with objective of punishing a genuine relationship. These cases are usually withdrawn once the family gets the girl or guy to behave in the way they want.
(Usually family has connections to get it registered)
5. Case registered on the basis of some sort of inappropriate behaviour which doesn’t amount to legal definition of sexual harassment.
6. Fake case registered out of malice with totally fabricated evidenceNowadays category 6 is in the news a lot but the quoted statistics covers cases from all the categories together. So people feel scared, and some unscrupulous women after hearing about it also make threats about it to manipulate people into doing what they want.
But category 6 is almost impossible to actually get registered as an FIR, and even if it does, it will be easily dismissed before even getting to court.
And police will literally do anything to avoid filing an FIR, so their first option is to always do some mediation in the police station and send people away. In case of sexual harassment they will stand around slut shaming the lady so women don’t usually want to put themselves in that position also.
Just yesterday I filed a complaint for the theft of my keys and the cops not only did not consider an FIR, but also dismissed me in the process of mediation, saying how many times will you talk about your keys. 😂
Trust me it is not so easy for anyone to file a complaint. Only if you have video or audio evidence which is irrefutable + a good lawyer and some influence can you consider filing a case even in genuine situations.
So especially if the tenants haven’t even made any such statements, nothing to worry about. If they have made statements,
– Record what they’re saying through phone calls, phone in your pocket etc,
– keep all communication in writing – email or whatsapp – wherever possibleAnd if it comes to the point of speaking to cops, show them these records to refute their allegations. Cops won’t even give it time of day unless the other party has influence.
MIt’s actually not possible to file cases willy nilly without any evidence. Cops don’t want to increase the number of FIRs in their jurisdiction, so they always try to discourage even genuine cases where you have evidence of any crime.So anyone who goes to claim sexual harassment without a shred of evidence will be laughed out of the police station.
If she has evidence of sexual harassment then of course it’s a different situation altogether, and not a “false case”
MPlease give the missing info. Why would she be able to file any case let alone one of sexual harassment.MWife is not working outside the house doesn’t mean she isn’t contributing to your ability to pay for the house. If you’re living in the house, it will be considered the marital home, which belongs to wife as much as husband.MYou can claim the house on the basis of adverse possession.You can also claim it on grounds that the money you’ve paid has been given as sale amount and not rent
What does the paper you got him to sign say?
MThis is as per Sec 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.“Where any senior citizen who, after the commencement of this Act, has transferred by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee refuses or fails to provide such amenities and physical needs, the said transfer of property shall be deemed to have been made by fraud or coercion or under undue influence and shall at the option of the transferor be declared void by the Tribunal.”
So first of all this applies to transfers or gifts made after 2007. You need to see whether you fall under this category.
Secondly, this only applies if you’re refusing basic amenities like food shelter and physical needs to your mother.
It doesn’t apply if the fight was over some other issue, as long as her needs are being met.
MYeah, but that’s how the law is right now. And this sub is called legal advice, not illegal advice, so discussing ways of actively dodging the law doesn’t make sense in this sub.And with respect to ground realities, male children are still mainly given preferential treatment when it comes to education, higher education, at pretty much every cross section of income. Is there any particular aspect of education you feel that men are falling behind in ?
I guess you can just put out adverts for tutoring and respond only to men. It’s still discrimination, but it would be difficult to prove because it’s done on a one to one basis. Just don’t put in writing or otherwise explicitly state that you’re intending to exclude women from a space.
MThe whole point of advertising is that people will know. If you’re sitting at home and secretly thinking of this, then no one will know. Otherwise anyone who sees it can create a legal headacheMIt’s discriminatory whether you offer a male only tutoring service or provide discounts to male students. Goes against the constitution so I wouldn’t talk about it openly or advertise it as such if I were you.Concessions for women and minorities are specifically mentioned as exceptions to the “no discrimination” rule in the constitution. That’s why it’s legal to do so.
MAll businesses have to follow legal provisions. Discrimination based on gender is unconstitutional.MThere’s absolutely nothing illegal about signal. I’ve also used it and the only reason I’ve not fully transitioned to it is that most people I know are still on WhatsApp.Something is very weird about your situation. It could be cops running some scam, but I wouldn’t be surprised to learn that someone close to you is trying to gaslight you or get something from you by making you feel ashamed or guilty.
Please go directly and politely ask for the information. No need to be confrontational with the cops, but politely and humbly ask them all the info such as –
Is there any case against you/ has anyone filed a complaint
Has an FIR been filed?
Has a chargesheet been filed?
Do they need any additional info from you (make it look like you’re eager to fully co-operate)If they say FIR/ chargesheet has been filed, ask them what you should do next, etc. then after leaving, ensure that a lawyer is on the case. But I actually doubt there’s a real case here.
If they have questions just say that my family wasn’t able to explain what happened, so I took a friend and came to find out
It’s safer to go with a lawyer or a friend who’s not connected to your family – not sure of your location but there are legal aid services in every city run by local law schools etc that provide free legal help . You can ask them if they would be able to accompany you – else take a friend.
