Legal Question in Family Law in India
save my marriage
i hv been married(love cum arrange marriage) since 3 yrs. & was living in matrimonial home with my in laws & was tortured by them for dowry.i along with my husband was thrown out of the house just after 5 months of my marriage &started living in a rented house.i delivered a baby girl but my husband after the birth of my child left us at my parents home and joined back to his parents home.after lot of persuation he took us along with him to matrimonial home but their behaviour was not changed.after some months my mother in law presurized my husband to throw me out and he did.i called the police but they somehow managed to save them by not letting me to file any complaint.and i was brought to my parents home by them for the mean time.i wanted to save my marriage so i never filed 498a but i filled an injunction suit along with sec 24 and now 1 1/2 yr has passed and my husband never came to take me or came to the court.he is also showing his fake address &salary slip despite of i hv filed .now he is threating me that he will ran away &get settle in abroad .his parents hv also disowned him 7 trying hard to get me divorced.wht should i do? should i file 498a?can i file 498a after 1 1/2 yrs when they threw me out?
2 Answers from Attorneys
Re: save my marriage
your story is a perfect example of plight and insecurity among married women. you can file a complaint under 498a of indian penal code and you can also file a complaint under domestic violence act and obtain residence orders. no one can throw you out of the matrimonial home. meet a good lawyer of your locality and take guidance and if you cannot afford a lawyer...there are protection officers in each area who are appointed by ministry of social justice and welfare. go and contact her. you can find the address from local police station or write in to ministry of social justice and welfare.
Re: save my marriage
Yes, you should immediately file
(a) A criminal complaint u/s 406 and 498-A IPC.
(b) An application under the POW DVA 2005 claiming return to the matrimonial home in the last 'shared residence' with 'living rights' in the house free from their interference.
(c) You may also claim damages for the domestic violence suffered by you from the date of marriage onwards till date.
You may consider filing appropriate proceedings at the place where you are living i.e. in the court / police of the area where your your parents' home is situated.
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