Demand of compensation for mental harassment along with divorce Demand of compensation for mental harassment along with divorce

4 years ago

I have been married for 11 months. Both of us are Government official and are posted in 2 different places. My in laws stay with my husband and keeps on manipulating him against me. He never loved me and always neglected. Even when i go to his place, they always try to keep us apart. They don't allow him to spend quality time with me. Even my husband is like them, that is why they succeed. Due to leave constraints, if I ask him to come to my place, he denies. He is manipulated by his parents that he should not visit his wife, and he obeys. He kept condition before me if I have to live with him, I should forget my parents. Moreover he bought 2 flats by taking loans from bank and his department, against my consent to channelise my salary. He has done registration on his name and his father's name and according to him, he didn't give my name as second name in joint registration because he don't trust me and i can give divorce to him. So he was securing his property. So I denied giving him money because as a lady , i need to secure myself too. Why should i trust such a person who is securing himself with my money and talking about divorce just after 4 months of marriage. Now I know that whole family conspired against me to get him married with me for my salary. They tried to suppress me, keep me away from my parents, with no love and support of husband. So now i want divorce and compensation for mental harassment for what he and his family did to me. What should be my step regarding this. I have WhatsApp chat and call recordings as proofs. But whatever he said on WhatsApp video could not be recorded.

Kishan Dutt Kalaskar

Responded 4 years ago

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A.Dear Madam,
You can file any number of cases like divorce with alimony or DV case seeking following reliefs.
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PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
2. Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
3. Pass orders u/s 18, in totality against Respondent1 to 3,
4. Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
5. Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
6. Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition.
7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

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Suneel Moudgil

Responded 4 years ago

A.if you want to terminate the matrimonial knot, then,
try to settle the matter amicably with your husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, compensation, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you are advised to file/claim
498a complaint (for causing mental, emotional, physical and monetary abuse, etc)
Domestic Violence case (for causing mental, emotional, physical and monetary abuse, etc)
you have rights to claim residence, protection, compensation,
(whatsapp chat, call recording are admissible evidence)
Call/mail for a detailed discussion/understanding
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