Legal Question in Criminal Law in India
i've been married for 12 yrs to a defence officer and ve a 7yrs old daughter.Since the very first day of my marriage he and my in-laws also a retd army officer has been demandin dowry in one way or the other and if their demand is not met then my husband restore to mental and physical abuse and my in-laws call up my parents and say things..if their demand is met then their behaviour is fine till they don't come upwith the other demand.They also keep passing remarks regarding the daughter as they wanted th boy.Now latelythey'r asking cash beyond my fathers means or else asking me to file for divorce ...they ve been restoring to such physical and mental abuse that i am forced to tale the divorce which i am refusing as my daughters future is at stake.Lately my husband is involved with another woman with the blessing of my inlaws and get me threatned from that female too...pls help me as now i don't know what to do but yes i ve enough of their torture...12 yrs a long pd.Also under the circumstance how much maintaince i am entitled and what i can do as i don't want a divorce if it's possiblefor my childs future.They ve restored to putting false allegations against me when challenged toprove they backed out.help!
2 Answers from Attorneys
1. Register a complaint before CW Cell against your husband and all in-laws, relatives etc. whom you want to teach a lesson.
2. Write letters to the Defence Authorities with whom your husband is working.
3. File a Criminal Complaint u/s 498A & 406 IPC against those persons.
4. Institute a suit for maintenance for yourself & your daughter.
For the legal course of action you will have to consult a local Advocate.
As suggested by Mr. Jha, you may want to engage a lawyer for pursuing your legal remeides. You are entitled to maintenance amount which should be enough for your living as per the 'standard of living of your husband at the time of separation'. You are also entitled to institute appropriate proceedings under the D.V.A.
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