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Domestic violence
4 years ago
I am married in2010, my husband is jobless n works very rarely after a year he started abusing me n asking for money for my sake my parents gave him 4lakh for dairy business n lostvall in this work n there onwards he n my in-laws started abusing me mentally by the time had two kids he started saying that I m having affair with his brother which is not true even my in-laws started abusing me for this that he not even allowed me to work for anywhere nor he. Was working n had my third child too when I wanted to abort it my sister in law n mother in law scared me saying it's very risky don't do so n my in-laws started abusing me for my husband jobless work he never cared for me or my kids when asked he says u never cared for me how can I work if needed I can send u the chatting of us regarding the same
Suneel Moudgil
Responded 4 years ago
A.if you want to remain in the matrimonial relationship, then, try to settle the matter amicably with your husband involving elders/relatives/friends etc and start afresh, and if, failed, file Restitution of conjugal rights petition in the Court,
and,
if you want to terminate the matrimonial knot, then,
try to settle the matter amicably with your husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you are advised to file/claim
498a complaint (for causing mental, emotional, physical and monetary abuse, etc)
Domestic Violence case (for causing mental, emotional, physical and monetary abuse, etc)
you have rights to claim residence, protection, compensation, maintenance,
if you do not want to opt the divorce presently, you can ask for judicial separation also.
and,
if you want to terminate the matrimonial knot, then,
try to settle the matter amicably with your husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you are advised to file/claim
498a complaint (for causing mental, emotional, physical and monetary abuse, etc)
Domestic Violence case (for causing mental, emotional, physical and monetary abuse, etc)
you have rights to claim residence, protection, compensation, maintenance,
if you do not want to opt the divorce presently, you can ask for judicial separation also.
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SUMATHI LOKESH
Responded 4 years ago
A.You can file divorce and maintenance petition against your husband
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A.Dear Madam,
You must show your power by filing multiple cases and also you must know your rights.
=====================================================
Please CLICK LIKE and call me taking paid consultancy.
====================================================
Marriage and Family matters:
• The Prohibition of Child Marriage Act, 2006 defines a ‘child’ as a boy under the age of 21 and a girl under the age of 18. This means that the marriage of a girl below the age of 18 is considered to be child marriage and is prohibited by the law. There are certain contradictions to this rule in personal laws. However, it is important for you, as parents, to understand the importance of encouraging your daughters to continue their education and empowering them in other ways rather than marrying them off at a young age.
• The Medical Termination of Pregnancy Act, 1971 lays down the law regarding abortion in India. Right now, it is not easy to get an abortion even in cases of rape as this Act sets a number of conditions. However, this Act is soon to be amended.
• Domestic violence is prohibited by law and is considered to be a criminal offence according to S. 498-A of the Indian Penal Code. Certain provisions in the Indian Evidence Act and the Criminal Procedure Code also deal with this issue. Finally, a legislation devoted to this issue was enacted in 2005 – The Protection of Women from Domestic Violence Act.
• Another common problem faced by married women is harassment from their in-laws for dowry. To battle this social evil, the Dowry Prohibition Act, 1961 was enacted, criminalizing this practice. However, it still continues. It is important that parents do not give in to societal pressures and ensure that they do not provide dowry in any form.
• While Indian law does not criminalize pre-marital sex as long as it is between consenting adults, there are no laws regulating live-in relationships. However, courts have developed laws on this subject through decisions in cases to such an extent that the law against domestic violence applies to couples who are in live-in relationships and children born out of such relationships are treated as legitimate in certain circumstances.
Sexual Abuse and Exploitation:
• Various forms of sexual harassment such as singing lewd songs, eve-teasing, making sexual advances in spite of refusal, watching, capturing or sharing images and other media of a woman engaging in a private act without prior consent have all been criminalised by the Indian Penal Code. There is an entire legislation dedicated to sexual harassment in the workplace – Sexual Harassment of Women at Workplace Act, 2013.
• As parents, it is important that you are aware of your daughters’ activities on the Internet. Today, many crimes against women are committed by sexual predators through online portals. Online harassment of women is prohibited under S. 67 of the Information Technology Act.
• Any indecent representation of women is banned by the Indecent Representation of Women (Prohibition) Act, 1986. This law, as it is considered to be too narrow for this day and age, has undergone certain changes and an Amendment Bill was drafted in 2012 which broadened its scope.
• Ss. 375 and 376(2) of The Indian Penal Code criminalise rape. These sections spell out 7 years’ and 10 years’ imprisonment, respectively, as the punishment for rape. The key feature of these sections is the requirement for consent by the woman in question for the act not to be considered as rape. Thus, as a parent it is important that you explain the concept of consent to your daughters at an early age. Intercourse with a woman of unsound mind or a girl below 16 years of age is considered to be rape irrespective of consent being given. Unfortunately, marital rape has not yet been criminalised.
Property Laws:
• While traditionally, the rights of women with regard to succession and inheritance of property in India were next to non-existent, as of now, according to the amendments to the Hindu Succession Act in 2005, daughters have been given the same rights as sons with regard to inheritance and succession.
• The Indian Succession Act does not differentiate between the heirs of the deceased.
• Muslim women enjoy rights of inheritance though limited to some extent by custom and practice.
Women in the Workplace:
• Women in India have the right to earn as much as men and gender discrimination is also prohibited at the time of recruitment. Ss. 4 and 5 of the Equal Remunerations Act, 1976 lay down the law regarding this.
• The Maternity Benefit (Amendment) Act, 2017 has brought about certain groundbreaking laws which concern working women including the increase of paid maternity leave from 12 weeks to 26 weeks (S.5(3)) and ‘work from home’ options for new mothers (S.5(5)).
Organisations that help:
There are a number of organisations that work for the upliftment and protection of women such as the National Commission for Women, One Stop Crisis Centres (or) Nirbhaya Centres, National Association of Rural Women India, etc. There are also a number of NGOs working for women’s rights. Please keep your daughter informed of these organisations so that she knows who to approach in case of a crisis.
While keeping your daughter informed of her rights is a basic obligation of every parent, it is also important that you take a more active part in ensuring that your daughter has a better and happier future. By taking steps such as not providing dowry and by shifting the focus from marriage to education, you can do your part in breaking a cycle of abuse that has been going on for centuries. However, to ensure a complete change in society’s views on women, it is essential that you teach not only your daughters but also your sons to recognise the problems faced by women today and how to treat women with the respect that is their due.
You must show your power by filing multiple cases and also you must know your rights.
=====================================================
Please CLICK LIKE and call me taking paid consultancy.
====================================================
Marriage and Family matters:
• The Prohibition of Child Marriage Act, 2006 defines a ‘child’ as a boy under the age of 21 and a girl under the age of 18. This means that the marriage of a girl below the age of 18 is considered to be child marriage and is prohibited by the law. There are certain contradictions to this rule in personal laws. However, it is important for you, as parents, to understand the importance of encouraging your daughters to continue their education and empowering them in other ways rather than marrying them off at a young age.
• The Medical Termination of Pregnancy Act, 1971 lays down the law regarding abortion in India. Right now, it is not easy to get an abortion even in cases of rape as this Act sets a number of conditions. However, this Act is soon to be amended.
• Domestic violence is prohibited by law and is considered to be a criminal offence according to S. 498-A of the Indian Penal Code. Certain provisions in the Indian Evidence Act and the Criminal Procedure Code also deal with this issue. Finally, a legislation devoted to this issue was enacted in 2005 – The Protection of Women from Domestic Violence Act.
• Another common problem faced by married women is harassment from their in-laws for dowry. To battle this social evil, the Dowry Prohibition Act, 1961 was enacted, criminalizing this practice. However, it still continues. It is important that parents do not give in to societal pressures and ensure that they do not provide dowry in any form.
• While Indian law does not criminalize pre-marital sex as long as it is between consenting adults, there are no laws regulating live-in relationships. However, courts have developed laws on this subject through decisions in cases to such an extent that the law against domestic violence applies to couples who are in live-in relationships and children born out of such relationships are treated as legitimate in certain circumstances.
Sexual Abuse and Exploitation:
• Various forms of sexual harassment such as singing lewd songs, eve-teasing, making sexual advances in spite of refusal, watching, capturing or sharing images and other media of a woman engaging in a private act without prior consent have all been criminalised by the Indian Penal Code. There is an entire legislation dedicated to sexual harassment in the workplace – Sexual Harassment of Women at Workplace Act, 2013.
• As parents, it is important that you are aware of your daughters’ activities on the Internet. Today, many crimes against women are committed by sexual predators through online portals. Online harassment of women is prohibited under S. 67 of the Information Technology Act.
• Any indecent representation of women is banned by the Indecent Representation of Women (Prohibition) Act, 1986. This law, as it is considered to be too narrow for this day and age, has undergone certain changes and an Amendment Bill was drafted in 2012 which broadened its scope.
• Ss. 375 and 376(2) of The Indian Penal Code criminalise rape. These sections spell out 7 years’ and 10 years’ imprisonment, respectively, as the punishment for rape. The key feature of these sections is the requirement for consent by the woman in question for the act not to be considered as rape. Thus, as a parent it is important that you explain the concept of consent to your daughters at an early age. Intercourse with a woman of unsound mind or a girl below 16 years of age is considered to be rape irrespective of consent being given. Unfortunately, marital rape has not yet been criminalised.
Property Laws:
• While traditionally, the rights of women with regard to succession and inheritance of property in India were next to non-existent, as of now, according to the amendments to the Hindu Succession Act in 2005, daughters have been given the same rights as sons with regard to inheritance and succession.
• The Indian Succession Act does not differentiate between the heirs of the deceased.
• Muslim women enjoy rights of inheritance though limited to some extent by custom and practice.
Women in the Workplace:
• Women in India have the right to earn as much as men and gender discrimination is also prohibited at the time of recruitment. Ss. 4 and 5 of the Equal Remunerations Act, 1976 lay down the law regarding this.
• The Maternity Benefit (Amendment) Act, 2017 has brought about certain groundbreaking laws which concern working women including the increase of paid maternity leave from 12 weeks to 26 weeks (S.5(3)) and ‘work from home’ options for new mothers (S.5(5)).
Organisations that help:
There are a number of organisations that work for the upliftment and protection of women such as the National Commission for Women, One Stop Crisis Centres (or) Nirbhaya Centres, National Association of Rural Women India, etc. There are also a number of NGOs working for women’s rights. Please keep your daughter informed of these organisations so that she knows who to approach in case of a crisis.
While keeping your daughter informed of her rights is a basic obligation of every parent, it is also important that you take a more active part in ensuring that your daughter has a better and happier future. By taking steps such as not providing dowry and by shifting the focus from marriage to education, you can do your part in breaking a cycle of abuse that has been going on for centuries. However, to ensure a complete change in society’s views on women, it is essential that you teach not only your daughters but also your sons to recognise the problems faced by women today and how to treat women with the respect that is their due.
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Ayantika Mondal @ Prime Legal
Responded 4 years ago
A.Hi,
This is very sad to know, such behavior is not allowed in law and stringent action is available.
As you have not stated what you require, I suggest engaging in family talk, try to resolve. If requires you may approach the state-run sahavani/ counseling center to resolved the issues. Suggest not to draw a conclusion until you give your best to resolve the issues. The sahavani/ counseling center is based on District legal aid service offices or at SP or Police commissioner office of the District.
Thanks
This is very sad to know, such behavior is not allowed in law and stringent action is available.
As you have not stated what you require, I suggest engaging in family talk, try to resolve. If requires you may approach the state-run sahavani/ counseling center to resolved the issues. Suggest not to draw a conclusion until you give your best to resolve the issues. The sahavani/ counseling center is based on District legal aid service offices or at SP or Police commissioner office of the District.
Thanks
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