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Domestic Violence

My husband drinking continuesly

I have been married since 2022, I got engaged in 2021 during the engagement day I undergo to the appendicitis open surgery, everyone knows about my surgery and my parents wants to stop this marriage due to my condition. That time doctor advised me to should not carry a baby until the recovery! Anyhow am alright and we explained these things to my husband, he said we will plan for baby after your recovery. He said just I will marry you, I will give a proper space for your recovery he said! We both married and life going well, suddenly my husband starts drinking, and started to hiding his mobile and financial status form me, he used to drink every week in a twice and comes home lately about 12 o clock something, I have been figure out and ask him to stop the drinking habits, he promised me to stop but he will continuesly doing these things, one day I admitted to the hospital due to heavy bleeding that day he got drunken, I made a call and told him that I am in hospital, he said he's in out of town and cant able to come , but that time he's in the town only, later I got discharged from hospital then he came to home, he didn't talk any word He slept then, but he spoke to his friend that he is in the drunken state and about my health condition everything to him, his friends says you shouldn't go to the home now you may go later, otherwise she will find out you! He obey his words and came home lately. I found out these things, I ask about these things to him, he said I used to drink that's my opinion, i didn't beat you or i didn't hurt you in any case you shouldn't control me, if I beat you means you can say to stop i didn't means you should do your job. He says like that, for these reason I can't able to with him, he always listen his friends words not providing my medical expenses and not providing food, whenever I ask about his salary he says 1st we will have baby then you should ask about this. Then whenever I ask him why you are drinking this much? He says you are the reason, my life totally damaged because of you that's why am drinking he says . I ask him divorce he said he don't want to give because he's a police officer so he can't do the second marriage in future the marriage will be affect his career he says. I don't want to live with him so pls give a solution how to handle this situation.

( Cuddalore, Tamil Nadu )

8 months ago

Reply

Dear Client,
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 toxic 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. 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. Under Section 12(1) of the DV Act, 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 that include the right to reside in the shared household, prohibitory order and residence order. 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 seeking maintenance or alimony from the husband under Sec,125 Cr. PC. 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.