Husband is abusive and demands dowry what action can i take

944 votes

Cruelty is the main ground to seek divorce as defined under ‘Sec 13(1) (i-a)’ of ‘The Hindu Marriage Act, 1955’ and party who is filing a case must prove that living between husband and wife became impossible.
As per current laws Grounds for award of maintenance
Only upon proving that at least one of the grounds mentioned under the Act, exists in the favor of the wife, maintenance is granted. These grounds are as follows:
a. The husband has deserted her or has willfully neglected her;
b. The husband has treated her with cruelty;
c. The husband is suffering from virulent form of leprosy/venereal diseases or any other infectious disease;
d. The husband has any other wife living;
e. The husband keeps the concubine in the same house as the wife resides or he habitually resides with the concubine elsewhere;
f. The husband has ceased to a Hindu by conversion to any other religion;
g. Any other cause justifying her separate living;

Based on Section 2 of The Dowry Prohibition Act, 1961. You can seek protection under approaching a nearest police station and filing a case against your husband,
Penalty for demanding dowry.- If any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years and with fine which may extend to ten thousand rupees.
You better try to gather evidence as videos / conversations and make copy of it and submit to nearest women protection cell. Currently if one commits suicide its not an offence , don’t get trap in words.
Your daughter needs father name and protection till you are in safe hands. Better have a second opinion over such .
Try to sort out matter with your husband in connection with your child ; if still problem persists go for police station and also approach court to get maintenance and demanding of dowry.
Lastly file a bind over case stating that if any harm appears to my child and me that my husband will be liable .

Advocate Abhishek Thommandru LawRato

896 votes

You can file a divorce petition against your husband under cruelty ground and claim divorce and permanent alimony for yourself and your infant daughter at your jurisdictional family court. Additionally, you can also claim interim maintenance from your husband till the divorce case is disposed off. Also, simultaneously, file maintenance petition under section 125 Cr.P.C and claim monthly maintenance. In addition to the above file a domestic violence case with the help of police and once the case is forwarded to the concerned magistrate court, claim monthly maintenance, residential order and protection order for both of you.

Advocate B. Srikiran LawRato

858 votes

Hi,
You should file a domestic violence case against your husband and also proceed with filing of divorce in the courts near your marital/parental home.
You should also ask for child custody and interim maintenance for you and the child during the pendancy of the case and after divorce decree
Hope this helps

Advocate Rajagopalan LawRato