Act in defence of collective domestic violence reported as violence

[Priyal Panchal]

My husband called the police on me reporting violence against him & family members(3 senior citizens) after I bit his hand and kicked anyone who tried to pull away my 1 yr old child from me. They had cornered me and pushed me down(with the baby in my hand) + verbal & physical abuse. When I was given a chance to speak by the police, I explained how the biting and kicking was in defense and to keep my baby safe with me. Had the baby been snatched away at that time, my father in law and husband could have beaten me to death. I ended by asking the police to ask them where who was positioned when I kicked. And the family had to agree that they were hitting me and I was pushed and fell down and with the baby in my hand, left with legs to defend myself. The police concluded that everyone needs to be more understanding and asked us to go home. I did not file a case and want to know if I can file now(4 months from then) as situation is not getting better any better?

[Dr. Ashok Dhamija]

From the facts mentioned by you, it appears that you would be filing the complaint at least under Section 498-A of IPC (there may be other sections too). The limitation period for taking cognizance of such offence is 3 years.

Therefore, legally speaking, it should be possible for you to file a complaint now, at this stage, even 4 months after the incident.

However, please note that a complaint filed after long delay is generally viewed with suspicion about its genuineness. Nonetheless, as I mentioned above, you can file the complaint even now.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Priyal Panchal]

The policeman had said that we should try to understand each other at least for our little son’s sake and that my husband should be ashamed to have shown police station to a 1 year old child. So I have been trying in all this time… From my side… For son’s sake… His entire life will be disrupted. Don’t want him to suffer the stress & consequences of a broken family. My parents too had been of the same opinion that in legal action from my side and separation… Little son would suffer the most.
Few relatives have advice husband to see marriage counselor… Even i requested him a lot. But, not going nor any betterment in behavior… In fact, absolutely neglecting not only me but also our son… Neglecting all responsibilities towards us… Even financial. And he only initially approached my and other common relatives (with a lot of lies about me) and after they in shock and disbelief discuss with me and then want to talk to him toh then he doesn’t want to talk to anyone.. Says he is very busy (even during lockdown)
It was arranged marriage, there’s been lot of lying about big and small things… Even when the fake mangalsutra they gave lost golden colour after using for 2-3months and i asked my husband about it.. He first lied that the shopkeeper cheated them and that I should not discuss with anyone in the family as all would feel hurt and that he would handle it. After another 3 months… When I told him… What’s been done… Let’s visit the shopkeeper and hold him answerable… He confessed that the (joint) family as a whole (6members then) had planned to give a fake one. This is just one incident… There are many such. Frankly, the 3 senior citizens don’t have much of a say and my brother-in-law, older than my husband makes most of the decisions. He very often pushes my husband to further neglect his responsibility towards son and me. Husband is perhaps blind to all the family politics or the culprit himself (more because of his temper issues… Which get displaced violently resulting in inhumane behavior towards our child and me).
Sometimes husband says he has no money even for food for baby and me… He earns over a lakh a month and says he has to make investments as discussed with older brother from all his money… Barring around 2k that he can give me for child and my expenses (only says… Never given to me) I wonder if older brother is forcing him or husband is lying conveniently. He always says financial details are only between brother & him… He needs family’s permission before discussing anything about his own finance with me. (Sometime wonder if their running something illegal in joint family finance the way no details are ever shared and husband gets violent if i ever touch his phone or laptop)
Is there a law that can help?
Please advice how to go about if I feel that without the influence of the older brother, perhaps things could get better between us. Everything is so unfair and smartly manipulated by him…. In their room there’s an AC and in our room if I switch on fan while baby is sleeping in room… Fil fights about bill and says fan not needed gor little boy and even slapped me when I tried to swtich it on again. This was before the collective violence… But respecting his age, I didn’t do anything. Things only kept getting worse and not only for me…. Even the little baby is made to suffer in petty family politics.
Can husband be legally obligated of his responsibility towards us… Without divorce? (like we stay together as son is small and he still takes our responsibility) Divorce is something I never imagined for myself even in my worst nightmare and so went through a lot at the hands of husvand and inlwas…. Never even told my parents (as arranged marriage and they feel guilty…. But these people put up a completely different face before marriage)…. But can’t see little son suffer in all this
Are there other ways than legal… Like some activist groups or so that could help quicker than law? (don’t want to get into too much legal stuff with a little baby and no job at hand)

[Dr. Ashok Dhamija]

It is possible for you to seek maintenance under Section 125 of the Criminal Procedure Code from your husband. This maintenance can be claimed under two heads: (i) for you as wife, who is unable to maintain herself, and (ii) for your minor son who is not able to maintain himself. There are good chances that the court may award maintenance to you and your son. Divorce is not needed for seeking maintenance under Section 125 of Cr.P.C.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Priyal Panchal]

Thank you, Sir.
Also, is there any law that can address his behavior & neglect… Making it possible to safely co-habit the same house shared by the joint family? Especially towards our son… Some law that can abide husband and to have an emotional bond with our son or oblige him to at least not misbehave, ill-treat or neglect our son?

Lastly, is there a law that can help me demand to know what the joint family business is and where my husband is spending his salary (more so cause I have a gut feeling it is into something illegal)

[Dr. Ashok Dhamija]

If you demand a higher level of maintenance from your husband, he may come out with his income details and expenditure, trying to show that he does not have that much of money.

Otherwise, it may generally be difficult to know, under some law, the exact details of his income / expenditure.

You can file an application under the Protection of Women from Domestic Violence Act to get protection / residence order for restraining the husband from indulging in domestic violence and for staying in the same house with the husband. There is also a provision for monetary relief being given to wife under this Act. You can see Sections 18, 19 and 20 of this Act. This Act is available online at this link.

It is better for you to contact some local lawyer to clear all your doubts and for legal help.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Priyal Panchal]

Thanks a lot for the link Dr. Dhamija

Lastly, could you please suggest some lawyer in Mumbai who could help me on these issues.

[Dr. Ashok Dhamija]

It is not possible for me to recommend a lawyer in Mumbai. Please use your own local contacts or personal visits to court to engage some local lawyer.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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