Dowry and mental torchure by husband and his family
11-May-2023 (In Family Law)
My husband and his family torchured me to give my salary to them, I refused to give, so they physically torchured me. I complained to police on this but I dint book a case, because my husband and his family confessed that they have done mistake and not repeat it again. But now there parents are not letting us to live together, its been 4 months he dint even come to home. He is now forcing me to come and leave in his parents home which I refused because I don't have any kind of protection there. He is not paying the rent of house which we lived together (only we both) for 2 and half years nor looking after me. Now owner is asking me to vacate house. I don't have any idea how to move on further. Please guide me. I don't want to leave my husband, how can I proceed further. Being a husband isn't it his responsibility to look after me? Who should pay the rent?
Hi...yes it is the primary duty of the husband to look after his wife and if he fails you have all the rights to claim from him . You communicate the same to him if he is not ready you can file case for maintenance
Thank you
Thank you
Dear madam,
you have several options. You file DV case seeking following reliefs.
PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
2. Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
3. Pass orders u/s 18, in totality against Respondent1 to 3,
4. Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
5. Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
6. Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition.
7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.
you have several options. You file DV case seeking following reliefs.
PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
2. Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
3. Pass orders u/s 18, in totality against Respondent1 to 3,
4. Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
5. Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
6. Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition.
7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.
you can file a case for restitution of conjugal rights and further you can also file a case of domestic violence against your in laws, further if you can maintain yourself in the standard of living which your husband is enjoying then you cannot ask for maintenance, but if your income is not sufficient to maintain yourself whether it is payment of rent, for food, other bills, etc then you can file a case for maintenance which includes rent also.
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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