Mental harrassment by husband beating up children and still harassing


I am hindu woman married a man who not even divorced from his first wife (I was not aware abt this) After spending 21 yrs in a hell of married life, I took tfr to a different place expecting some change which rather turned more hostile as he started beating children and abusing them. AFter I moved to a new place of posting, he started threatening me and my family members that he would commit suicide and wont let me work anywhere peacefully. Soon he started approaching my seniors officers by calling & writing them against me that I moved out of family without his consent etc. etc. First he complained that his belongings are kept forcibly by me, now even after returning his blessings, he again started writing to my sr. officers putting false allegations. This is causing so much mental trauma and causing me health issues. How can I restrain him for writing to my officers?I left the previous place thinking distance may help to work on irrecoverable differences which are not impossible.

Answers (3)


282 votes

First and foremost, bigamy is an offence under IPC. Sadly, that also means that the second marriage is void as per the Hindu Marriage Act. It cannot be ratified by the second spouse. However, that does not disqualify such person to claim maintenance from the husband either under CrPC or Hindu Marriage Act.

Secondly, you must inform yourself of the important law- S.498A IPC which punishes the Husband or his relatives for cruelty inflicted upon wife. The definition of the term "cruelty" is very wide and it includes mental cruelty even of the slightest nature. The facts disclosed in the question clearly qualify that threshold.

Thirdly, such cruelty is also a good ground for obtaining divorce from the spouse (in case the bigamy charge does not come to fruition) under the Hindu Marriage Act.

A complaint under section 498A can be made simply by calling 100 and providing facts which disclose such cruelty. This will lead to immediate arrest of the husband. On the other hand, the complaint of Bigamy cannot be made to the police but has to be made in writing to the magistrate. You may need a lawyer for this.

Lastly you can also claim a permanent injunction against him from writing to your seniors in job and disrupting your professional life and affairs.

Any further questions are welcomed. Consider rating this answer if you find it helpful.


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289 votes

Hello,
For the query you posted, I would suggest the following:

You must decide what you want in the end. He has committed bigamy and that is punishable under law.
Thus it must be decided what you wish for and accordingly advice could be given.

In the meantime, you could think over filing a domestic violence complaint against the person.

I hope that answers your query.

Best
M.Faris

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Just file a domestic violation case against him and pray for protection order from court meanwhile also logged a fir against your and husband for similar offense this will help you in future otherwise

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