Regarding domestic violence and dowry
4 years ago
I am in an abusive marriage since last two years. I am married from last 4 years. I have a daughter of 1 year.
My in laws and husband wants me to leave and they don’t want to take any responsibility of me and my child. My husband is beating me from
Last two years and we have the audio recordings of that. When the torture became a pattern i started recording our daily conversations in phone. My mother in law also beaten me once and i recorded her abuse also. They have taken dowry of 11 lakhs cash in marriage and jewellery and clothes and i have the photos of it. After marriage also my father gave money to my husband in his account. My husband regularly abuses my father also.
No when i have given application in police two times for domestic violence and dowry then my in laws disowned my husband so that i cannot blame them but they are regulary in touch with him.
I am living separately with my husband on rent since marriage because of his job. Now he has moved to his native and intentionally forcing me to live in my father in laws house (my husband is disowned by them) because its in village and they have no facility there and i am an educated girls having mba degree and husband is soft engineer. They are planning to torture me by keeping me in their village house alone. Nobody lives there.. please tell
Me what should I do.. they want me to leave and i will not go like this . I want my dowry back and my daughter’s financial security.
You may file DV case if not filed and seek 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.
Thanks.
Suneel Moudgil
Responded 4 years ago
try to settle the matter amicably with your husband involving elders/relatives/friends etc and start afresh, and if, failed, file Restitution of conjugal rights petition in the Court,
and,
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, 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, maintenance for you and the kid,
if you do not want to opt the divorce presently, you can ask for judicial separation also,
Call/mail for a detailed discussion/understanding
ARSHAD ALI ZAIDI ADVOCATE
Responded 4 years ago
Kavery Anand
Responded 4 years ago
Rameshwar Dadhe
Responded 4 years ago
If both are agree to take divorce then you can file divorce by mutual consent you will get divorce in just six months