Mental harassment by mother in law and husband

Please rest assured, your husband cannot file a divorce case against you since there are no grounds available to them on the basis of which they can move such action in a court of law.

However, he can file a case for restitution of conjugal rights against you under Section 9 of the Hindu Marriage Act, 1955. This you can contest by raising the ground of cruelty that your husband and your in-laws press against you.

In the event no case gets filed against you, you can nonetheless file a complaint for cruelty in the Court of Judicial Magistrate under Section 498A, IPC along with an application to claim maintenance from your husband under Section 125, Code of Criminal Procedure, 1973. This is must do in the Court of the Judicial Magistrate First Class within whose territorial jurisdiction your matrimonial home is.

In the alternative, you can file a case under the Protection of Women from Domestic Violence Act, 2005 since you are a victim of economic abuse at the hands of your husband and in-laws. Economic abuse is recognised as domestic violence in the eyes of law. You can take the following steps -

1. Approach the Protection Officer: You can approach the nearest Protection Officer, who can provide you with information on how to file a case of domestic violence that includes economic abuse. They can also help you file an application for obtaining a protection order.

2. File a Complaint with the Police: You can file a complaint against the abuser with the police station nearest to you. You will need to provide details about the abuse, including the date, time, and location of the incident. You will also need to provide any evidence that you have collected.

3. Gather Evidence: Collect evidence of the economic abuse, such as bank statements, bills, receipts, and any other documents that show how the abuser has controlled your finances or misused your property.

4. Approach a Magistrate: You can approach the Magistrate directly and file a Domestic Incident Report (DIR). The DIR can be filed by the victim, a relative, or any person who has witnessed the violence. The Magistrate will take further action based on the report.

You may consult me with more details about your case. I can help you file a case and provide legal assistance throughout the process.