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My husband use to beat me badly My husband use to beat me badly

2 weeks ago

My husband use to beat me badly without any valid reason ; which started just after one month of marriage, either after getting drunk or having a bad mood, as he don’t earn.
Last year I left his home for 6 months, and went to teach in another city, before that our counselling was done in police station with a conclusion in written that we cannot stay any further. He was against my decision of going of leaving to work and was not ready to give me financial support also at that time , I was tired with daily humiliation from his side and his mother. His mother and sister dislike me as I had an affair with my husband before our marriage , and she and her daughter i.e. my sister- in law use to treat me like slaves .
So I decided to leave and start my career but because I married him after all odds as my family was against the marriage I had this hope that he will change or will recognise his responsibilities, but within few days in another city he tried to reconcile, so he started to visit me more often.
After three months of him travelling to and fro , and with his efforts , he convince me to go back to our hometown and start again fresh peacefully, stating that his mother will be alone. So I went back with him. But in few days his behaviour changed he was abusive and rude but I tried to calm him down, thought because of financial problem he must be going through difficult time. His behaviour towards me was so much rude that we don’t even talk to each other whole day, he being busy on his phone chilling or coming late at night or busy drinking. I taking care of the house. Many time arguments happen but I always tried to calm him down, but one night things broke out of nowhere ; just within six months of staying together , because I just asked him “why he complained about me to my mother at night , as she might over think”, as I am an OCD. I remember next day I was about to join my new job , argument started and in a blink of seconds he started hitting me repeating these words” what you want to convey to my mother, she is in next room and listening”, he hit me so badly that all those flash back came in front me again, my gold chain broke from my neck because of his pull on my neck, his mother grabbed me and he kept hitting me, pulling my neck and slapping .I remember I was screaming, crying for help and no one came from neighbourhood. I was so much in pain mentally more than physically asking “why these things are happening again all over , after compromising and sacrificing my career, my lifestyle, going through my parents sadness “ I wasn’t able to believe that these things were happening in front of his mother and she is doing the same. That night I left home with nothing.
He came to take me back multiple times, but his behaviour was same , he hits me in front of my parents too, because of there age and for the sake of the marriage they always tried to cool him down, he address to my father that he will kill me and marry someone else. Few days back I went to take my clothes but his mother misbehaved with me in his absence, and from that day she blocked me everywhere. He is forcing me to take mutual divorce, asking me to take divorce respectfully , else he will humiliate me and my parents and will downgrade my character.
I am really broken. We come from a good family background where respect is everything, my parents always supported me and my husband financially time to time . But they could not get the respect from him or his mother. While I was at his place , my mother use to support me financially .
Now, I got short listed in one of the university to study abroad for masters , and I don’t want to miss this chance as within few months I have to join the university . But in a meantime what should I do , should I send him a legal notice for divorce or to take mutual divorce or else a legal battle. I don’t want to repeat the same mistake twice of believing him again, I am aware that he will create problem because he only becomes happy when I am in pain, that satisfies him. But I don’t want to miss this chance and want to grow positively in my career.
Please suggest me what I can do without missing this opportunity.

Legal Counsel Vidhikarya

Responded 2 weeks ago

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A.Dear Client,
When you are experiencing such type of continuous threat to your safety and security including mental and physical harassment at the hands of your husband and other family members of your matrimonial house, you can get in touch with a social worker or NGO who renders dedicated service to help you out of the crisis. If you feel you can manage outside without the support of your family for all your needs, nothing prevents or restricts you from walking out of your home to look for the destiny of your choice. Therefore, you need to arrange for an independent source of income to live your life on your own terms. You have the right to file a complaint against your husband and other family members who subjected you to continuous mental and physical harassment in the local police station under Sec.12 of the PWDV Act, 2005. Under Section 12(1) of The Protection of Women from Domestic Violence Act, 2005, an aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act, In the given scenario, you may consider judicial separation or divorce on the grounds of mental cruelty to resolve the matter permanently. Section 13 (1) (ia) of the Hindu Marriage Act, 1955 read with Sec.498a of IPC, allows either spouse to seek divorce on the grounds of mental cruelty. The party seeking divorce on the grounds of cruelty can submit audio, video or written evidence to prove his or her claim. If there is no possibility of cohabitation and no scope of mutual consent divorce, you can file a one-sided/contested divorce petition before the District Court praying for a decree of divorce seeking maintenance or alimony from the husband. However, grounds for one-sided 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. 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 by sending an email to [email protected] or filing an online complaint. Further, you can also approach the State Commission of Women situated in your state, and seek help from the NGOs who rendered dedicated service to the women in distress. Reach out to an Advocate for guidance and steps.
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Anik

Responded 2 weeks ago

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A.Dear Client,
Cruelty is a ground for divorce in India for all the religious laws. It may be physical as well as mental cruelty. So, you can file a case for being a victim of domestic violence. According to Section 13 of the Hindu Marriage Act, you can file for divorce on the ground of cruelty. Further, you can also file a case against him under Section 498A of the IPC for cruelty.
Hope it helps.
Thank you.
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