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Domestic violence

My husband started giving me mental and physical torture after just 2/3 months of our Hindu marriage. If I ask him not to drink and come regularly home late after 12:30 am he started arguments and that arguments went into mental and physical torture. One or twice in defence I also scratched or made bite when he strangled my neck and stopped my breathe. Despite of so much I never went to police till yesterday but when I went yesterday police told me your husband often comes and make complaints against you that you have scratched and bite him and often make unnecessary demands of money . Even he manipulated my mother as she stays with me as my father is deceased and no siblings, he brainwashed my mother and take her sign on a complaint letter and made a false gd on my name, she is very naive, simple and uneducated old lady she doesn’t know what she did even she don’t know what is called GD. Now when I went to police to report a diary against him they told me your mother also made a gd against you, my mom can’t even tell where she signed and what was the complaint all about. Now when today my mom with me went to local ps to withdraw the gd she was said , ap kya bachee ho koi v kuch bolega or ap sign kar doge, get out from here ap ma beti ka ye sab nautanki idhar nhi chalega. Point to be noted my husband is a businessman and very much ruling political party connected and the local ps is like his den. He has multiple health issues like diabetes and bp and cholesterol and ED. Now, it’s just 9 months we got married and the registration is still due as we got married in his home. And before marriage I already take a confirmation from him that my mother can stay with us as she has none in her family. Please help me how I should proceed to withdraw that GD and also if I get divorced we’re there any chances of mine to get financial support from my husband legally?

( Kolkata, West Bengal )

4 weeks ago

Reply

Dear Client,
In this context, a recent verdict of the Supreme Court passed in the case of Dolly Rani Vs. Manish Kumar Chanchal Citation: 2024 SCC OnLine SC 754 may be referred to access the status of your case in the given scenario. The Supreme Court said that if a Hindu marriage is not performed following the applicable rites or ceremonies, such as 'saptapadi' (taking seven steps by the groom and the bride jointly before the sacred fire), the marriage will not be construed as a Hindu marriage. The Court held that a marriage certificate is valid proof of a Hindu marriage only when the marriage ceremony has been performed as per Section 7 of the Act. The Court observed that for a valid marriage under the Act, the requisite ceremonies have to be performed, and there must be proof of performance of the said ceremony when an issue/controversy arises. Unless the parties have undergone such a ceremony, there would be no Hindu marriage according to Section 7 of the Act, and a mere issuance of a certificate by an entity in the absence of the requisite ceremonies having been performed, would neither confirm any marital status to the parties nor establish a marriage under Hindu law. Given the above averment of the Apex Court, and in the absence of any marriage certificate, you may not be able to prove yourself married to the person you are claiming to be your husband. However, 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 domestic violence or atrocities faced by women by sending an email to [email protected] or filing an online complaint on their official website. Further, you can also seek help from the NGOs that render dedicated service to 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 District. Legal Services Authority seeking free legal aid/services available to women under Sec.. 12(c) of the Legal Services Authority Act, 1987 to contest the cases before the Court for appropriate relief. Apart from this, you can file a private complaint against the nominee in the court of the Magistrate under Section 223 of BNSS, which outlines the procedure for a Magistrate to take cognizance of an offence. Upon receiving a complaint, the Magistrate shall examine the complainant and any witnesses present. This examination is conducted under oath, and the substance of the examination is documented and signed by the complainant, witnesses, and the Magistrate. If the Magistrate finds sufficient grounds for proceeding with the case, he may issue a summons or warrant to the accused under Section 227 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023. If required, consult with an experienced Advocate to navigate the issue in the right way.