Mental Harassment by husband what to do now?

Dear Sir,
You can claim Restitution of Conjugal Rights under Section 9 of Hindu Marriage Act and if your husband not ready to consummate the marriage then he has to face big consequence. Get issue a strong legal notice and try to convince him legally.

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On the ground of torture and cruelty,you are entitled to file Matrimonial Suit for Divorce after one year separation. However, you are entitled to get the remedy of such torture and cruelty by taking legal steps under the Domestic violence Act,2005 and it is necessary on your part immediately to lodge FIR under Section 498A of Indian Penal Code as well as under the Domestic violence Act,2005, against the husband before the local police Station specifying your humiliation in details and torture on the ground of dowry demand (along with evidentiary proof,if any, for example audio/ video recording,messages etc) as well as immediate legal notice to your husband for return of all the Stridhan of you along with Gold, Dowry amount ( if any) within 30 days from the date of receipt of such Notice failing which proceedings under Section 406 of IPC requires to be instituted before the Magistrate Court against that husband on the ground of Criminal Breach of Trust and in such case he can be punished either with imprisonment of either description for a term or with fine, or with both.
Please take note that if for any reason the Police refuse to take FIR under Section 498 A of the Indian Penal Code,then it is necessary to bring the said fact of Police inaction to Higher Police Officials for direction to the concerned police to lodge FIR as well as to investigate the issue to file charge sheet at the earliest . If even after that the Police refuse to lodge FIR, you may approach concerned judicial magistrate court with an application under section 156(3)Cr.P.C seeking direction to the concerned police to initiate expeditious investigation and file charge sheet in this regard.
In case of monetary difficulty on your part to bear the litigation cost, You can proceed through the West Bengal Commission for Women who will provide you necessary assistance by forwarding your complaint to the local police station and they will also pursue the matter on your behalf by asking the police to give update regarding the action taken.

Aap mutual consent ke adhar par divorce petition dakhil kar sakte hai. Jiska nistaran jaldi hi ho jaata hai.
Aap samajik paryash bhi kar sakte hai ki aap mujko divorce de de. Dekho mutual divorce ke liye dono ka sahamat hona jaroori hai. Agar vah nhi manata tab aap uske virudh criminal proceedings bhi kar sakte hai. Aap turant kisi advocate se contact kare or unko apni problems share kare. Vo aap ko guide karenge.
Please respond

Hi,
According to the Hindu Marriage Act, 1955; a petition for a mutual divorce can be filed if you and your spouse are facing difficulties and have decided to part your ways legally u/S 13B o HMA. you can even file for divorce if the other party is not willing to get a divorce- this is called, contested divorce. You may simply approach a lawyer to help with the technicality.
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A.Hi,
Divorce by mutual consent is considered to be the quickest and the easy way to get a divorce in India, under Section 13 B of the Hindu Marriage Act, 1955. The process under mutual consent divorce is considered to be inexpensive and non-tortuous.

Section 13B in The Hindu Marriage Act, 1955

13B Divorce by mutual consent.

(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnised before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976)*, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnised and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.]

(i) The period of 6 to 18 months provided in section 13B is a period of interregnum which is intended to give time and opportunity to the parties to reflect on their move. In this transitional period the parties or either of them may have second thoughts; Suman v. Surendra Kumar, AIR 2003 Raj 155.

(ii) The period of living separately for one year must be immediately preceding the presentation of petition. The expression ‘living separately' connotes not living like husband and wife. It has no reference to the place of living. The parties may live under the same roof and yet they may not be living as husband and wife. The parties should have no desire to perform marital obligations; Sureshta Devi v. Om Prakash, AIR 1992 SC 1904.

(iii) The period of six to eighteen months time is given in divorce by mutual consent as to give time and opportunity to the parties to reflect on their move and seek advice from relations and friends. Mutual consent should continue till the divorce decree is passed. The court should be satisfied about the bona fides and consent of the parties. If there is no consent at the time of enquiry the court gets no jurisdiction to make a decree for divorce. If the court is held to have the power to make a decree solely based on the initial petition, it negates the whole idea of mutuality. There can be unilateral withdrawal of consent. Held, that since consent of the wife was obtained by fraud and wife was not willing to consent, there could be unilateral withdrawal, of consent; Sureshta Devi v. Om Prakash, AIR 1992 SC 1904.

A.If you are planning to file a divorce case then you will have to wait for one year to expire from date of your marriage that 10.12.2020 as it is not allowed to file a divorce case before expiry of one year. But before expiry of one year you can file annulment of marriage under Section 12 (a) of the Hindu Marriage Act, 1955.

Section 12 in The Hindu Marriage Act, 1955
12 Voidable marriages .
(1) Any marriage solemnised, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:
12 [(a) that the marriage has not been consummated owing to the impotence of the respondent; or]
(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner 13 [was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978)*], the consent of such guardian was obtained by force 14 [or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent]; or
(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.
(2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage
(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if
(i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or
(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;
(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied—
(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(ii) that proceedings have been instituted in the case of a marriage solemnised before the commencement of this Act within one year of such commencement and in the case of marriages solemnised after such commencement within one year from the date of the marriage; and
(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of 15 [the said ground].
(i) Non-disclosure of age and factum of having major children by husband at the time of marriage amounts to fraud and suppression of material facts having bearing on marriage. Marriage founded on fraud from very inception is a nullity; Sunder Lal Soni v. Smt. Namita Jain, AIR 2006 MP 51.
(ii) Misrepresentation as to the age of the bridegroom made to the mother who acted as an agent and the daughter consented for the marriage believing the statement to be true. It was held that the consent was vitiated by fraud; Babui Panmate v. Ram Agya Singh, AIR 1968 Pat 190.

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