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Homosexual husband, dowry torture
22-Apr-2023 (In Domestic Violence Law)
I got tricked by my husband into marrying him in 2017. He married me and in a week left to abroad and left me with my in-laws. When my in-laws were torturing me mentally, my husband never told anything to them but would stop calling me and abusing me and my parents. He also is trying to always remain away from me in a different country. When I went to visit him to that country he physically and mentally abused me. After OSCW and NCW were involved he agreed to stay with me but till now hasn't started staying with me. Now he has also revealed that he is homosexual and he does not want to stay in the same house with me as he is gay but is also not giving me a divorce, but asking me to file it. What should I do in such a situation? Is this a criminal offence? What are my rights?
Query perused. I would advise you to engage a lawyer and file a complaint under section under section 12 of the Domestic violence Act against your husband and in laws seeking maintenance, compensation and separate residence order. Would also advise you file a complaint with the CAW cell alleging dowry harassment. For further consultancy and legal services you may contact us.
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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Greetings of the day to you mam really very disheartening to hear your sad plight.
Now that homosexuality is declared unconstitutional which in other words would mean is legal there by there is nothing that you can do as in some sort of penal action against him but what you can do against Hamas file a case of cheating that is under section 415 of IPC and punishable by section 420 IPC but that would require a lot of deal to handle it and not everyone may be able to do that.
In my opinion you can file a case of 498A Against your husband as well as the other family members to not really thought should you but also got him married to a person who has different sexual orientation. And then subsequently you may file an application for divorce on the ground that he is a homosexual and your petition will be entertained positively but the crucial element here is that you should have some sort of proof either by admission or by his conduct that your husband is a gay for if you do not happen to prove it you would be deemed to be causing cruelty against your husband.
Now that homosexuality is declared unconstitutional which in other words would mean is legal there by there is nothing that you can do as in some sort of penal action against him but what you can do against Hamas file a case of cheating that is under section 415 of IPC and punishable by section 420 IPC but that would require a lot of deal to handle it and not everyone may be able to do that.
In my opinion you can file a case of 498A Against your husband as well as the other family members to not really thought should you but also got him married to a person who has different sexual orientation. And then subsequently you may file an application for divorce on the ground that he is a homosexual and your petition will be entertained positively but the crucial element here is that you should have some sort of proof either by admission or by his conduct that your husband is a gay for if you do not happen to prove it you would be deemed to be causing cruelty against your husband.
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Adv. Khalid Akhtar
Delhi | 100+ Answers
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hello client
I have read ur issue it's really very critical condition tht your own husband is cheating and his full.gamily is involved in this issue as ur saying you are able to take legal action against your husband and you in-laws as well . in present conditions you are able to take criminal. action as well and your husband d with your in-laws will.go to jail defenately
I have read ur issue it's really very critical condition tht your own husband is cheating and his full.gamily is involved in this issue as ur saying you are able to take legal action against your husband and you in-laws as well . in present conditions you are able to take criminal. action as well and your husband d with your in-laws will.go to jail defenately
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Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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Hi mam,
You have several rights available with you.
You may initiate a petition for divorce, maintenance, alternate residence, protection, compensation etc.
For more information feel free to have a word with us, all the best.
You have several rights available with you.
You may initiate a petition for divorce, maintenance, alternate residence, protection, compensation etc.
For more information feel free to have a word with us, all the best.
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Adv. Sahej Uban
Delhi | 500+ Answers
Chat
you have a clear case where divorce can be granted by courts under the marriage laws prevalent in India. if he agreed to stay with you before the NCW and OSCW then he's bound to stay with you. even otherwise, till the time you are legally married, he is to stay with you and that alone is a ground for divorce
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Adv. Rohan Sharma
Delhi | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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