My husband and mother in law forcing me to leave this house/divorce

762 votes

You can file a lawsuit under Section 125 Cr.P.C for fodder nutrition or domestic violence against women under the protection act of women.And you can register criminal offenses in police station under section 498(a) of Indian Penal Code to give mental harassment against your mother-in-law and husband.

Advocate Brijesh Kumar Patel LawRato

930 votes

answer:-क्या आप महोदया की शादी arrange maarige thi or love marrige स्थति स्पस्ट नही की आपकी सास द्वारा आपको किस बात को लेकर वास्तविकता में प्रताड़ित किया जा रहा है स्थति स्पस्ट नही है सिर्फ पति को अपना बनाना झगडे का मूल कारन नही हो सकताआपके सअसुरल मै कितने सदस्य है व् आपके प्रति उनका केया व्यवहार है सादड़ी हुए कितने वर्ष हो गये है शेष बाते फ़ोन पर चर्चा की जा सकती है

Advocate Sushil Kumar Gothwal LawRato

654 votes

according to CHAPTER II.PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
DOMESTIC VIOLENCE
3. Definition of domestic violence.—For the purposes of this Act, any act, omission or commission
or conduct of the respondent shall constitute domestic violence in case it—
(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or
physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse,
verbal and emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any
other person related to her to meet any unlawful demand for any dowry or other property or valuable
security; or
(c) has the effect of threatening the aggrieved person or any person related to her by any conduct
mentioned in clause (a) or clause (b); or
(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.
Explanation I.—For the purposes of this section,—
(i) “physical abuse” means any act or conduct which is of such a nature as to cause bodily
pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved
person and includes assault, criminal intimidation and criminal force;
(ii) “sexual abuse” includes any conduct of a sexual nature that abuses, humiliates, degrades
or otherwise violates the dignity of woman;
(iii) “verbal and emotional abuse” includes—
(a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard
to not having a child or a male child; and
(b) repeated threats to cause physical pain to any person in whom the aggrieved person is
interested;
(iv) “economic abuse” includes—
(a) deprivation of all or any economic or financial resources to which the aggrieved
person is entitled under any law or custom whether payable under an order of a court or
otherwise or which the aggrieved person requires out of necessity including, but not limited
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to, house hold necessities for the aggrieved person and her children, if any, stridhan,
property, jointly or separately owned by the aggrieved person, payment of rental related to
the shared house hold and maintenance;
(b) disposal of household effects, any alienation of assets whether movable or
immovable, valuables, shares, securities, bonds and the like or other property in which the
aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or
which may be reasonably required by the aggrieved person or her children or her stridhan or
any other property jointly or separately held by the aggrieved person; and
(c) prohibition or restriction to continued access to resources or facilities which the
aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including
access to the shared household.
Explanation II.—For the purpose of determining whether any act, omission, commission or conduct
of the respondent constitutes “domestic violence” under this section, the overall facts and circumstances
of the case shall be taken into 4. Information to Protection Officer and exclusion of liability of informant.—(1) Any person
who has reason to believe that an act of domestic violence has been, or is being, or is likely to be
committed, may give information about it to the concerned Protection Officer.
(2) No liability, civil or criminal, shall be incurred by any person for giving in good faith of
information for the purpose of sub-section (1).
5. Duties of police officers, service providers and Magistrate.—A police officer, Protection
Officer, service provider or Magistrate who has received a complaint of domestic violence or is otherwise
present at the place of an incident of domestic violence or when the incident of domestic violence is
reported to him, shall inform the aggrieved person—
(a) of her right to make an application for obtaining a relief by way of a protection order, an order
for monetary relief, a custody order, a residence order, a compensation order or more than one such
order under this Act;
(b) of the availability of services of service providers;
(c) of the availability of services of the Protection Officers;
(d) of her right to free legal services under the Legal Services Authorities Act, 1987 (39 of 1987);
(e) of her right to file a complaint under section 498A of the Indian Penal Code
(45 of 1860),wherever relevant:
Provided that nothing in this Act shall be construed in any manner as to relieve a police officer
from his duty to proceed in accordance with law upon receipt of information as to the commission of
a cognizable offence. 9. Duties and functions of Protection Officers.—(1) It shall be the duty of the Protection Officer—
(a) to assist the Magistrate in the discharge of his functions under this Act;
(b) to make a domestic incident report to the Magistrate, in such form and in such manner as may
be prescribed, upon receipt of a complaint of domestic violence and forward copies thereof to the
police officer in charge of the police station within the local limits of whose jurisdiction domestic
violence is alleged to have been committed and to the service providers in that area;
(c) to make an application in such form and in such manner as may be prescribed to the
Magistrate, if the aggrieved person so desires, claiming relief for issuance of a protection order;
(d) to ensure that the aggrieved person is provided legal aid under the Legal Services Authorities
Act, 1987 (39 of 1987) and make available free of cost the prescribed form in which a complaint is to
be made;
(e) to maintain a list of all service providers providing legal aid or counselling, shelter homes and
medical facilities in a local area within the jurisdiction of the Magistrate;
(f) to make available a safe shelter home, if the aggrieved person so requires and forward a copy
of his report of having lodged the aggrieved person in a shelter home to the police station and the
Magistrate having jurisdiction in the area where the shelter home is situated;
(g) to get the aggrieved person medically examined, if she has sustained bodily injuries and
forward a copy of the medical report to the police station and the Magistrate having jurisdiction in the
area where the domestic violence is alleged to have been taken place;
(h) to ensure that the order for monetary relief under section 20 is complied with and executed, in
accordance with the procedure prescribed under the Code of Criminal Procedure, 1973 (2 of 1974);
(i) to perform such other duties as may be prescribed.12. Application to Magistrate.—(1) An aggrieved person or a Protection Officer or any other person
on behalf of the aggrieved person may present an application to the Magistrate seeking one or more
reliefs under this Act:
Provided that before passing any order on such application, the Magistrate shall take into
consideration any domestic incident report received by him from the Protection Officer or the service
provider.
(2) The relief sought for under sub-section (1) may include a relief for issuance of an order for
payment of compensation or damages without prejudice to the right of such person to institute a suit for
compensation or damages for the injuries caused by the acts of domestic violence committed by the
respondent:
Provided that where a decree for any amount as compensation or damages has been passed by any
court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order
made by the Magistrate under this Act shall be set off against the amount payable under such decree and
the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or
any other law for the time being in force, be executable for the balance amount, if any, left after such set
off.
(3) Every application under sub-section (1) shall be in such form and contain such particulars as may
be prescribed or as nearly as possible thereto.
(4) The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days
from the date of receipt of the application by the court.
(5) The Magistrate shall Endeavour to dispose of every application made under sub-section (1) within
a period of sixty days from the date of its first hearing.
13. Service of notice.—(1) A notice of the date of hearing fixed under section 12 shall be given by
the Magistrate to the Protection Officer, who shall get it served by such means as may be prescribed on
the respondent, and on any other person, as directed by the Magistrate within a maximum period of two
days or such further reasonable time as may be allowed by the Magistrate from the date of its receipt.
(2) A declaration of service of notice made by the Protection Officer in such form as may be
prescribed shall be the proof that such notice was served upon the respondent and on any other person as
directed by the Magistrate unless the contrary is proved.
14. Counselling.—(1) The Magistrate may, at any stage of the proceedings under this Act, direct the
respondent or the aggrieved person, either singly or jointly, to undergo counselling with any member of a
service provider who possess such qualifications and experience in counselling as may be prescribed.
(2) Where the Magistrate has issued any direction under sub-section (1), he shall fix the next date of
hearing of the case within a period not exceeding two months.15. Assistance of welfare expert.—In any proceeding under this Act, the Magistrate may secure the
services of such person, preferably a woman, whether related to the aggrieved person or not, including a
person engaged in promoting family welfare as he thinks fit, for the purpose of assisting him in
discharging his functions.
16. Proceedings to be held in camera.—If the Magistrate considers that the circumstances of the
case so warrant, and if either party to the proceedings so desires, he may conduct the proceedings under
this Act in camera.
17. Right to reside in a shared household.—(1) Notwithstanding anything contained in any other
law for the time being in force, every woman in a domestic relationship shall have the right to reside in
the shared household, whether or not she has any right, title or beneficial interest in the same.
(2) The aggrieved person shall not be evicted or excluded from the shared household or any part of it
by the respondent save in accordance with the procedure established by law.18. Protection orders.—The Magistrate may, after giving the aggrieved person and the respondent
an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or
is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the
respondent from—
(a) committing any act of domestic violence;
(b) aiding or abetting in the commission of acts of domestic violence;
(c) entering the place of employment of the aggrieved person or, if the person aggrieved is a
child, its school or any other place frequented by the aggrieved person;
(d) attempting to communicate in any form, whatsoever, with the aggrieved person, including
personal, oral or written or electronic or telephonic contact;
(e) alienating any assets, operating bank lockers or bank accounts used or held or enjoyed by both
the parties, jointly by the aggrieved person and the respondent or singly by the respondent, including
her stridhan or any other property held either jointly by the parties or separately by them without the
leave of the Magistrate;
(f) causing violence to the dependants, other relatives or any person who give the aggrieved
person assistance from domestic violence;
(g) committing any other act as specified in the protection order19. Residence orders.—(1) While disposing of an application under sub-section (1) of section12, the
Magistrate may, on being satisfied that domestic violence has taken place, pass a residence order—
(a) restraining the respondent from dispossessing or in any other manner disturbing the
possession of the aggrieved person from the shared household, whether or not the respondent has a
legal or equitable interest in the shared household;
(b) directing the respondent to remove himself from the shared household;
(c) restraining the respondent or any of his relatives from entering any portion of the shared
household in which the aggrieved person resides;
(d) restraining the respondent from alienating or disposing off the shared household or
encumbering the same;
(e) restraining the respondent from renouncing his rights in the shared household except with the
leave of the Magistrate; or
(f) directing the respondent to secure same level of alternate accommodation for the aggrieved
person as enjoyed by her in the shared household or to pay rent for the same, if the circumstances so
require:
Provided that no order under clause (b) shall be passed against any person who is a woman.
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(2) The Magistrate may impose any additional conditions or pass any other direction which he may
deem reasonably necessary to protect or to provide for the safety of the aggrieved person or any child of
such aggrieved person.
(3) The Magistrate may require from the respondent to execute a bond, with or without sureties, for
preventing the commission of domestic violence.
(4) An order under sub-section (3) shall be deemed to be an order under Chapter VIII of the Code of
Criminal Procedure, 1973 (2 of 1974) and shall be dealt with accordingly.
(5) While passing an order under sub-section (1), sub-section (2) or sub-section (3), the court may
also pass an order directing the officer in charge of the nearest police station to give protection to the
aggrieved person or to assist her or the person making an application on her behalf in the implementation
of the order.
(6) While making an order under sub-section (1), the Magistrate may impose on the respondent
obligations relating to the discharge of rent and other payments, having regard to the financial needs and
resources of the parties.
(7) The Magistrate may direct the officer in-charge of the police station in whose jurisdiction the
Magistrate has been approached to assist in the implementation of the protection order.
(8) The Magistrate may direct the respondent to return to the possession of the aggrieved person her
stridhan or any other property or valuable security to which she is entitled to.
20. Monetary reliefs.—(1) While disposing of an application under sub-section (1) of section 12,the
Magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses
suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic
violence and such relief may include, but not limited to,—
(a) the loss of earnings;
(b) the medical expenses;
(c) the loss caused due to the destruction, damage or removal of any property from the control of
the aggrieved person; and
(d) the maintenance for the aggrieved person as well as her children, if any, including an order
under or in addition to an order of maintenance under section 125 of the Code of Criminal Procedure,
1973 (2 of 1974) or any other law for the time being in force.
(2) The monetary relief granted under this section shall be adequate, fair and reasonable and
consistent with the standard of living to which the aggrieved person is accustomed.
(3) The Magistrate shall have the power to order an appropriate lump sum payment or monthly
payments of maintenance, as the nature and circumstances of the case may require.
(4) The Magistrate shall send a copy of the order for monetary relief made under sub-section (1) to
the parties to the application and to the in charge of the police station within the local limits of whose
jurisdiction the respondent resides.
(5) The respondent shall pay the monetary relief granted to the aggrieved person within the period
specified in the order under sub-section (1).
(6) Upon the failure on the part of the respondent to make payment in terms of the order under
sub-section (1), the Magistrate may direct the employer or a debtor of the respondent, to directly pay to
the aggrieved person or to deposit with the court a portion of the wages or salaries or debt due to or
accrued to the credit of the respondent, which amount may be adjusted towards the monetary relief
payable by the respondent.
21. Custody orders.—Notwithstanding anything contained in any other law for the time being in
force, the Magistrate may, at any stage of hearing of the application for protection order or for any other
relief under this Act grant temporary custody of any child or children to the aggrieved person or the
person making an application on her behalf and specify, if necessary, the arrangements for visit of such
child or children by the respondent: Provided that if the Magistrate is of the opinion that any visit of the respondent may be harmful to the
interests of the child or children, the Magistrate shall refuse to allow such visit.
22. Compensation orders.—In addition to other reliefs as may be granted under this Act, the
Magistrate may on an application being made by the aggrieved person, pass an order directing the
respondent to pay compensation and damages for the injuries, including mental torture and emotional
distress, caused by the acts of domestic violence committed by that respondent.
23. Power to grant interim and ex parte orders.—(1) In any proceeding before him under this Act,
the Magistrate may pass such interim order as he deems just and proper.
(2) If the Magistrate is satisfied that an application prima facie discloses that the respondent is
committing, or has committed an act of domestic violence or that there is a likelihood that the respondent
may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in
such form, as may be prescribed, of the aggrieved person under section18, section 19, section 20, section
21 or, as the case may be, section 22 against the respondent,so you may apply to either protection officer or to magistrate under provisions of domestic violence act and avail relief .

Advocate Anil Kumar Thakur LawRato

797 votes

You can give application to the nearest police station /mahila thana /parivar paramarsh kendra if thing not goes ok then file an fir also file a case under women protection act.Also you can file case for monthly maintenance from your husband

Advocate Brij Bhushan Pandit LawRato