Married for 1 year but living separately for 15 months. Also have a baby who is going to be 1 year old next month. Husband and his family lied and manipulated us into marrying into his family. I had 480 grams of golf altogether with me for marriage. Just after one month later MIL demanded my dad that he give her 80 grams of gold and he gave it to her without even asking me. He gave the remaining 400 grams to my husband for overseas education. My father and husband didn't even ask my permission. My husband has gone abroad to study, with me having nothing. Everyday is a living hell with my abusive father and husband. Whenever he comes to see me in my home, my father abuses me physically and emotionally. He incinerates the problems and my father abuses me and my mother. I am scared he might do something to me and my mother, and take my baby away. I am scared to live with them.
Dear Client, As per your query, As a result of your mother-in-law's demands and the misappropriation of gold without your consent, you can file a dowry harassment complaint under Section 85 and 86 of the BNS, 2023. You can file a claim for protection under the Domestic Violence Act, 2005 which would allow for protection orders, residence orders, and custody of a child in view of physical and emotional abuse from your father and husband. It can be filed under Section 13(1)(ia) of the Hindu Marriage Act, 1955 for divorce on grounds of cruelty and can seek maintenance under Section 24 or 25. For the custody of your child, you can go ahead with the case under the Guardian and Wards Act, 1890 since the courts support the mother for children below 5 years of age. Last but not the least, you can file a criminal breach of trust case under Section 316 of BNS, 2023 for getting back the gold. Feel free to book an appointment for a detailed discussion on the issue.
