mental,emotional abuse, insulting parents, naked roaming , locking a women inside house

Dear Client,

You can move out legally and with respect, and your facts of 20+ years of abuse, verbal humiliation, and lack of appreciation, which can support a case for cruelty, protection, and residence or child-related relief under the Domestic Violence Act and family law. Since you do not want maintenance for yourself, you can state that clearly in your petition or settlement, while still asking for your son’s college education expenses and asking for return or adjustment of the jewellery and your father’s ₹2 lakh contribution if you can show it was used for the house or held in trust for you. Keep all proofs such as messages, bank transfer records, jewellery details, witnesses, and any evidence of abuse before approaching a family-law lawyer or women’s protection officer so they can file the right combination of divorce/judicial separation, DV complaint, and child-education claim.

I hope this helps and if you have any further issues do not hesitate to contact us.

Dear Madam,

Under the Protection of Women from Domestic Violence Act, 2005, you are entitled to protection against not only physical abuse but also emotional, verbal, and psychological abuse. You have the legal right to live in a safe environment, and you can approach the court seeking protection orders to prevent further harassment. Even if you decide to move out, you can do so through legal process while safeguarding your rights and dignity.

With regard to the jewellery and the amount of ₹2 lakhs that you contributed, the law treats these as your personal property, commonly referred to as “stridhan.” Your husband has no right to retain or misuse these. If he refuses to return them, you can initiate legal action for recovery, including proceedings under Section 406 IPC for criminal breach of trust, apart from seeking appropriate directions within domestic violence proceedings. Your financial contribution towards the house and family will also be a relevant factor considered by the court.

Dear Client,

Knowing that you are going through a tough time is understandable, however the law has options for you to leave your marriage with dignity while also recovering what you have contributed to the marriage and ensuring that you can also protect your son’s future education without having to accept maintenance from your husband. 

The following factors in your case support a fundamental ground for divorce. You have been subjected to 20 years of consistent verbal abuse and numerous insults against you, your parents, and your children as well as your contributions (both financial and otherwise) to the family by your husband. These circumstances are clear evidence of mental cruelty and sufficient grounds to file for divorce under Section 13(1)(ia) of the Hindu Marriage Act 1955. The Supreme Court in the case of Samar Ghosh v. Jaya Ghosh (2007) thoroughly explained that the repetitive emotional humiliation (by means of verbal abuse over the course of many years) that an individual suffers as a result of their spouse's actions/behaviour toward them is a result of ongoing mental cruelty that is of the extreme degree of cruelty necessary for a spouse to obtain a divorce from their partner.You do not need any physical violence to establish this ground.You will file a petition for divorce with family court jurisdiction based on 'cruelty'. Such jurisdiction may be at the location where you last lived with your husband or where you currently reside.

You are legally entitled to recover your jewellery and the two lakh rupees (insurance money) given to you by your father, which collectively comprise your Streedhana (dowry) and have been awarded to you under Section 14 of the (Hindu Succession) Act of 1956 as per the Supreme Court decision in the case of Pratibha Rani v. Suraj Kumar (1985). The jewellery that was given to buy a house is considered Streedhana; therefore, if your husband refuses to return this jewellery, he is guilty of the crime of committing criminal breach of trust, according to Section 316 of the Bharatiya Nyaya Sanhita (Indian Criminal Code, 2023). In your divorce petition, include a specific prayer (request) for the return of all of your Streedhana. At the same time, file a police report to recover your jewellery. Maintain your documentary evidence (if any) regarding your two lakh rupee insurance payout by way of bank statements and any documented correspondence identifying your contribution to your husband's asset purchases (jewellery or house).

You will also file an application under Section 26 of the Hindu Marriage Act requesting the court order your husband to pay 100% of your son's college tuition fees.Courts routinely order this as part of divorce settlements, especially where the wife has been financially dependent or under-acknowledged. Since you have stated you do not want maintenance, you can explicitly waive that in court but retain the prayer for your son's educational expenses separately, which is independent of any maintenance waiver.

I hope this helps, and if you have any further issues, do not hesitate to contact us.