Legal Advice

Having doubt on husband and his family for hiding something very important from me

Query

I suspect my husband as well as my mother in law to be hiding some previous affair of my husband before marriage. Everything they tell me is a big lie. Something fraud like mindset they have got. They force me to do things that either I don't like or things that will make an impression of me of a wicked lady.  They keep complaining about me to other people though I don't do any such thing. Seems like they married me just for dowry. And planning to torture me to such an extent that either I am declared mental patient or I would run away or commit suicide. In any case, they will get the advantage of my wrong image which they have created among people.  You can investigate about me from my friends and colleagues. They try to cut me from my friends and family. What should I do in this case? As no one is in my support. My own family tries to suppress me as any kind of court case will bring disgrace to the family. I don't have any proof.  Where should I go? I don't have enough money as well as time. I am 4 months pregnant with complications in pregnancy and they are always trying to kill my baby and planning to kill me or throw me out of their house. Please give me some good advice on what I should do. Police will not help without proof. What will the spy agency do? Any genuine spy agency?

Advice

If the concealed fact is so material that you could have not been ready for the marriage then you can nullify your marriage. You could file a suit under section 12 of the Hindu Marriage Act. But the limitation period for filing such a suit has lapsed and it will not give you proper relief. 

File a complaint under the DV Act

You should leave this idea and invoke those rights available to a married woman. In this scenario, you should file a complaint under Section 12 of the Domestic Violence Act. You may seek any remedy available under section 18-22 of that Act. The monetary relief, protection order and residence order would be suitable in these circumstances. 

The Magistrate has vast power under the DV Act, he can grant you an interim relief at the time of filing of the complaint. You should live in the matrimonial home because you are a legally wedded wife. It is the responsibility of your husband to perform his matrimonial obligation. He cannot neglect you or be bound to live a miserable life.

The protection order will stop any kind of violence in the matrimonial home. The residence order will compel your husband to provide you with a safe and secure accommodation. He is bound to provide such an accommodation in the matrimonial home or any rented house (subject to his financial capacity). You have no source of income and also you are pregnant so the court may direct your husband to pay a monthly allowance under the monetary relief. 

Avail the services of the Protection Officer

Your parents are not ready to help you then you can seek the services of a protection officer. The DV Act provides that an aggrieved person can approach the court through the protection officer. The State Government is obliged to appoint a protection officer in each district. That officer will file a complaint on your behalf and he may also do some preliminary inquiry in your case. 

You should contact the station in charge of the Mahila Thana. She will provide the services of a protection officer at free of cost.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Family Law

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