How to ensure that husband and in laws treat me well with dignity?


What can I do to ensure my husband and my in laws treat me well and do not force me to leave our house. My husband, being very money minded, used to take the salary I used to earn for our livelihood. As soon as I stopped paying him he asked me to leave his house.

 

We’ve been married for 2.5 years now and we have a daughter who is 1.5 years old. In 2012, November, he asked me to leave the house after which I stayed at my mother’s place for 14 months. I went back in January, 2014.

 

He also hid the fact that he was married before we got married as well. What can I do now?

 

Answer

 

Firstly, with respect to second marriage, you have given incomplete facts as to whether he is still married to his first wife or is he divorced or is his first wife dead. If his is not divorced and his first wife is alive, then as you have stated that he hid this fact from you, the Supreme Court has recently held that in case where the husband deceives the second wife into getting married, the second wife shall be considered a legally wedded wife for the purposes of maintenance and custody. Therefore you can still claim maintenance and other things. 

 

But if he is divorced or his first wife is dead then this can be used as a ground in case you want to go for a divorce.

 

Secondly, no one can force you out of your matrimonial home. Every women has a right of residence under the Protection of Women from domestic Violence Act. Therefore, if your husband evicts you from your matrimonial home, you can file a petition against him for the same. or you can even file a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act.

 

Thirdly file a petition against your husband and in-laws under Section 498A of the Indian Penal Code and under the Protection of Women from Domestic Violence Act for the cruelty and harassment that you are being subjected to.

 

Fourthly, you can file a petition for maintenance under Section 125 of the Code of Criminal Procedure or under the protection of women from domestic violence Act claiming maintenance from your husband for yourself and your daughter.

 

Fifth, in case you want to file for a divorce then you can easily claim it under the grounds of cruelty and that your consent was obtained by fraud, you can claim maintenance for yourself and your daughter.

 


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