Mental harassment by inlaws& sister in law(2 time divorse)
1 month ago
I married in 2018, its hard core love marriage against my family i took step but my inlwas played game with me. they lie me before marriage giving false commitement. my sister in law 2 time divorse. so entire family like inlaw devar nanad continue from 2018 are fighting giving mental tension to me every day. asking for dowery. my family not talking with me because i took step against them. i have 15 month daughter. husband is also pressurize and telling me ki give me divorsr. in this case with small baby where should i go.
A.Dear Client,
While I sympathize with the plights you are facing at the matrimonial house, I like to inform you that this type of attitude is common among homes across the country hence it is not an isolated incidence. A person can restart his or her life afresh at any stage or age if she or he is inspired or encouraged to do so by well-wishers. If you feel you can manage yourself outside without the support of others for all your needs, nothing prevents or restricts you from walking out of your matrimonial home to look for the destiny of your choice. So, you need to arrange for an independent source of income to live your life on your terms. However, in the prevailing situation, you have the following legal remedies to resolve the crisis. 1) you can file a complaint against your husband and his other family members who subjected you to domestic violence in the local police station under Sec.12 of the PWDV Act, 2005. An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application directly to the Magistrate seeking one or more reliefs under this Act. 2) you may consider judicial separation or divorce on the grounds of mental cruelty to resolve the matter permanently. Either spouse can obtain a decree of divorce if one spouse has treated the other with cruelty. Section 13 (1) (ia) of the Hindu Marriage Act, 1955, allows either spouse to seek divorce on the grounds of cruelty. If there is no possibility and no scope of mutual divorce, you can file a one-sided/contested divorce petition before the District Court praying for a decree of divorce and maintenance or alimony for you and your baby from the husband. According to the Hindu Minority and Guardianship Act, the custody of the child goes to the mother, if the child is below 5 years of age. Since grounds for one-sided/contested divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings, it is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition. 3) Apart from this, you can make a complaint online (https://nhrc.nic.in/complaints/complaints/how-to-file-a-complaints) to the Chairperson, the National Human Rights Commission, New Delhi and the State Human Rights Commission along with the Chairperson, National Commission for Women and State Commission for Women who are empowered to investigate complaints related to issues faced by women in distress by sending an email to [email protected] or filing an online complaint. Further, you can also approach the State Commission of Women situated in her state, and seek help from the NGOs who rendered dedicated service to the women in distress. If you are not financially sound enough to continue with litigation expenses, you can apply before the Member Secretary, State Legal Services Authority or Dist. Legal Services Authority seeking free legal services available to women under Sec.12(c) of the Legal Services Authority Act, 1987 to contest the cases for appropriate relief.
While I sympathize with the plights you are facing at the matrimonial house, I like to inform you that this type of attitude is common among homes across the country hence it is not an isolated incidence. A person can restart his or her life afresh at any stage or age if she or he is inspired or encouraged to do so by well-wishers. If you feel you can manage yourself outside without the support of others for all your needs, nothing prevents or restricts you from walking out of your matrimonial home to look for the destiny of your choice. So, you need to arrange for an independent source of income to live your life on your terms. However, in the prevailing situation, you have the following legal remedies to resolve the crisis. 1) you can file a complaint against your husband and his other family members who subjected you to domestic violence in the local police station under Sec.12 of the PWDV Act, 2005. An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application directly to the Magistrate seeking one or more reliefs under this Act. 2) you may consider judicial separation or divorce on the grounds of mental cruelty to resolve the matter permanently. Either spouse can obtain a decree of divorce if one spouse has treated the other with cruelty. Section 13 (1) (ia) of the Hindu Marriage Act, 1955, allows either spouse to seek divorce on the grounds of cruelty. If there is no possibility and no scope of mutual divorce, you can file a one-sided/contested divorce petition before the District Court praying for a decree of divorce and maintenance or alimony for you and your baby from the husband. According to the Hindu Minority and Guardianship Act, the custody of the child goes to the mother, if the child is below 5 years of age. Since grounds for one-sided/contested divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings, it is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition. 3) Apart from this, you can make a complaint online (https://nhrc.nic.in/complaints/complaints/how-to-file-a-complaints) to the Chairperson, the National Human Rights Commission, New Delhi and the State Human Rights Commission along with the Chairperson, National Commission for Women and State Commission for Women who are empowered to investigate complaints related to issues faced by women in distress by sending an email to [email protected] or filing an online complaint. Further, you can also approach the State Commission of Women situated in her state, and seek help from the NGOs who rendered dedicated service to the women in distress. If you are not financially sound enough to continue with litigation expenses, you can apply before the Member Secretary, State Legal Services Authority or Dist. Legal Services Authority seeking free legal services available to women under Sec.12(c) of the Legal Services Authority Act, 1987 to contest the cases for appropriate relief.
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A.Dear Madam,
If you are not comfortable in the marriage life and there are no chances of change of mind of your husband then go for mutual divorce if your husband and his family members agree to give alimony to you and maintenance to your small child. Otherwise file multiple cases.
If you are not comfortable in the marriage life and there are no chances of change of mind of your husband then go for mutual divorce if your husband and his family members agree to give alimony to you and maintenance to your small child. Otherwise file multiple cases.
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