How to deal with physical and mental torture by husband

771 votes

Dear owner ; yes u can get compensation for your living and dependent child under Hindu Marriage Act, 1955 (Section 9) says If either the husband or the wife, without reasonable excuses, withdraws from the society of the other, the aggrieved party may approach the Court for restitution of conjugal rights.Section 9 is to save marriage. The term Conjugal Rights could be placed against any of the spouses guilty of staying away from the other party without a proper reason. If the suit succeeds then the couple would be needed to stay together. The decree of restitution of conjugal rights cannot be actioned by forcefully making the party who has gone away from the society from the other party to live with the one who sets petition for restitution.There are three important requisites to be fulfilled for Section 9
Spouses must not be staying together.; Withdrawal of a party from the other must have no reasonable ground for such withdrawal.;the aggrieved party must apply for restitution of conjugal rights.

LawRato LawRato

734 votes

Madam you can file a case under protection of women against domestic violence Act as he has an extramarital affair which shall be proved in court. In addition to this you can also file a case for maintenance against your husband in family court . You may also get maintenance in a case filed under domestic violence ACT. Forget about proof or other things as you you stand witness in your case and rope in some other independent person as witness from your side. You have not stated as to where are you living at the moment I.e. at your in-laws place or at your maika. Pls Move ahead and there is every possibility that due to case some sort of mutual compromise shall be arrived at amongst you. Hoping best for you.....Regards.

Advocate Ram Prakash LawRato

705 votes

In the above-mentioned query u have to be file a case of domestic violence against your husband and in-laws. In this case Please mention that you are a mother of a girl child. And after the delivery, your husband and in-laws are much violent against you and your daughter.
Thereafter you have to be file a case for maintenance under section 125 criminal procedure code. And the court awards interim maintenance i.e. approximately 10℅ of the income shown in the plaint.

Advocate Ankit Gupta LawRato