Legal Question in Family Law in India

Well,you have the following options for relief both mentally and financially accordingly.

specific provisions of law deal with domestic violence:

In 1983, domestic violence was recognised as a specific criminal offense by the introduction of section 498-A into the Indian Penal Code. This section deals with cruelty by a husband or his family towards a married woman. Four types of cruelty are dealt with by this law:

1)Conduct that is likely to drive a woman to suicide,

2)Conduct which is likely to cause grave injury to the life, limb or health of the woman,

3)Harassment with the purpose of forcing the woman or her relatives to give some property, (or) harassment because the woman or her relatives is unable to yield to demands for more money or does not give some property.

The punishment is imprisonment for up to three years and a fine. The complaint against cruelty need not be lodged by the person herself. Any relative may also make the complaint on her behalf.

Forms of "cruelty" recognised by the Courts:

1)Persistent denial of food,

2)Insisting on perverse sexual conduct,

3)Constantly locking a woman out of the house,

4)Denying the woman access to children, thereby causing mental torture,

5)Physical violence,

6)Taunting, demoralising and putting down the woman with the intention of causing mental torture,

7)Confining the woman at home and not allowing her normal social intercourse,

8)Abusing children in their mother's presence with the intention of causing her mental torture,

9)Denying the paternity of the children with the intention of inflicing mental pain upon the mother, and

10)Threatening divorce unless dowry is given.

"Matrimonial Home" What rights do women have in their matrimonial home?

The matrimonial home is the household a woman shares with her husband; whether it is rented, officially provided, or owned by the husband or his relatives. A woman has the right to remain in the matrimonial home along with her husband as long as she is married, though there is no definite law regarding this right. If a woman is being pressurised to leave the matrimonial home, she can ask the Court for an injunction or "restraining order" protecting her from being thrown out. This can usually be obtained quite easily. It is generally advisable not to leave the matrimonial home; it is easier to get a court order preventing a woman being thrown out than to get an order enforcing her right to return to it once she has left or been thrown out.

'Injunction' and how does it apply to domestic violence cases?

An injunction is a court order directing a person to do or not to do something. A woman has a lot of flexibility regarding what she can request the Court to order. For instance, if she is being stalked by somebody (including her husband), she can obtain injunctions against the person coming near her home or place of work, or even telephoning her.

Can you refuse to have sex with your husband?

Since India does not have a law on marital rape, even if a woman's husband has sexual intercourse with her without her consent, he cannot be prosecuted for rape. However, excessive and unreasonable demands for sex, or demands for unnatural sex have been considered forms of cruelty and may entitle a woman to a divorce.

If a woman is judicially separated, her husband cannot have sexual intercourse with her without her consent. If he does, he can be prosecuted under section 376-A of the IPC. Note that consent under pressure (e.g. because of threats to injure or to stop paying maintenance) is not considered valid.

can a woman do to prevent domestic violence?

One option is to get the woman's husband to execute a "bond to keep peace", or a "bond of good behaviour" through the Executive, Magistrate who can order the husband to put a stop to domestic violence. The husband can also be asked to deposit securities (i.e. money or property) that will be forfeited if he continues to act violently. ?

I agree with the above opinion. To begin with, you may consider seeking criminal prosecution under Section 498-A of I.P.C. against your husband and other persons involved in committing cruelty on you.

you are welcome at my office for consultation with full facts.