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Husband lives away mother-in-law mentally tortures and ask for dowry


25-Feb-2023 (In Family Law)
My husband stays away most of the time, need to live with mother in law, she doesn't give me food, no money and constantly complains and abuses my family for not giving things. Has total control of finances. Does not allow me to leave house. Mentally tortured me during my pregnancy and in hospital after my operation. Attempted to snatch my child and shouted and abused me in front of my husband to be thrown out. Have been left at my parents house ever since then. No monetary support and husband abuses me over phone for upsetting his mother. Please help need monetary support from him to upbring my child and stop being mentally tortured by both of them.
Answers (3)

Answer #1
678 votes
Yu need to go for a case under 12 DV Act firstly.
And before that file a FIR against your in laws
After filing a case under 12 DV Act, you need to go for a case under section 125 Cr.P.C. for maintenance for yourself and your child.
You can also claim your in laws property through you child.
Answer #2
770 votes
Maintaining the wife and child is the duty of husband and he can not escape from it. You can move to court for your right. File a complaint under D.V Act and. Dowry prohibition act anf 498 A IPC, for torturing, abusing and demanding dowry. you can also file a case for maintenance from your husband, so u can maintain yourself and your child.
Answer #3
716 votes
In India, Marriage is considered as a most sacred ceremony. Parties to marriage carry loads of hopes and dreams relating to their life after marriage and their happiness. But many times things don’t work out as thought and thus parties find disagreements and quarrels between them, making them decide to go for divorce. When one of the spouses feels that there was nothing wrong but just some silly matters that spouse files an application for Restitution of Conjugal Rights in order to start a new start.The aid of Restitution of Conjugal Rights necessities both marriage parties to live together and cohabit. But this measure has also been misused many times, disturbing the Right to Life, Right to Privacy and the Right to Equality and therefore Unconstitutional.Many people use this measure to threaten their spouse so that their spouse will take their case back or will agree to accept the unacceptable monetary losses.This is a highly debatable subject. Some feel it is to preserve the marriage while some say that there is no meaning in forcing the other party to stay with the aggrieved party as they are not at all interested. It is very important to note that this remedy is not being misused.Yes; the wife can claim maintenance under Section 25 of Hindu Marriage Act. This decree, if not obeyed, the court will attach the judgment-debtor’s properties. Further, if this decree is not observed for a time frame of more than a year, after the decree date then the divorce ground is created.

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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