Threat to divorce Threat to divorce

10 months ago

My husband and I are married from the last 16 years and have one daughter who is 15 years old. We both are earning but my husband does not takes responsiblity of the expenses of my daughter. He puts condition that if I give all my salary to him, then only he will take care of me and my daughter. ITs an intercaste marriage. From last 2 years , he has completely stopped taking care of me and my daughter, he does not have any relation with me despite being living in same house. He body shames me, tortures me mentally uses abusive language in front of our grown up daughter. she understands my struggle and always stood by me. He even cursed my deceased parents. His family brain washes him and they all come to stay with us for long. His elder brother is married but every week he comes to stay at our home with his daughter. they both drinks daily and when I or my daughter objects, he use abusive language and body shame me. I am under so much of stress as I have to take care of all the expenses of my daughter and myself. Her education fees, tuiton fees, living expenses, taking her out, fruits everything. Last month when I reached home from office after picking my daughter from my sisters place, I was not well that day had breathing issue and came from doctor, despite of opening the door he started making video of mine saying that she come so late with the daughter. His family members started shouting on me and when i Pleaded that I am not well let me come in, they didnt listened and tortured me mentally. My mother in law started using absurd language and started body shaming me. My brother in law also started using bad language and provoked my husband about me, My daughter got teriffied and she immediately called the police and my family. My husband said no one can enter from your family otherwise I will break their legs. this incident was reported to local police and they advised him to look after the family and sent him back. But after that incident, he secretly filed a case against me and my family under SC/ST act. the police did enquiry and found us innocent.But he is threatning me that if I dont give him divorce, he will make my family face the trouble under SC/ST act and put them in jail. He is threatning me based on the false case and telling me that under SC/ST act, there is no bail and all of my family members will be behind jail. I dont know what to do. I am the only one taking care of my daughter and we do not have own house. What will I do . How can I save my family from the false case he has filed with NHRC and SC/ST Division. Please help

Legal Counsel Vidhikarya

Responded 10 months ago

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A.Dear Client,
If your errant husband filed a case or complaint against you before NHRC and SC/ST Deptt you can file a counter-complaint before the Chairperson, Women Commission who on receipt of any complaint from any distressed woman takes suo motto action to protect the interest and security of woman and her children. Once both the agency take up the matter, you may expect a better remedy to your concern that is cost-friendly and provide faster remedies.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 10 months ago

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A.Dear client,
Please file a complaint against your husband for cruelty under section 498-A. In addition you can also file a complaint under the domestic violence act. Relevant provisions include
Section 20-directs the respondent to pay monetary relief to the aggrieved person and any child of the aggrieved person as a result of the domestic violence.
Section 21- allows temporary custody of a child to the aggrieved person.
Section 22- orders the respondent to pay compensation to the aggrieved person for the injuries, including mental torture and emotional distress caused by him by the acts of domestic violence on an application made by the aggrieved person.
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Vidhi Samaadhaan Vidhi Samaadhaan

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