Legal Matters: Overcoming Powerlessness

Our legal experts answer your questions and provide legal advice.

Q1:
I am 35 years old and have been married for the last 10 years. My husband abuses me both physically and mentally. We have three children. Though he emotionally abuses them, he reserves his physical abuse for me. I worked briefly as a kindergarten teacher, but he forced me to stop. I have left the house once or twice, but since I am unable to manage on my own, I usually return when he calls me back. The household expenses are managed by my mother-in-law from the rental income she receives. No one knows what my husband does with his salary. I cannot tolerate this situation anymore, but I have no idea how to protect myself or my finances.

Dear Reader,
Your situation requires great courage and strength. Only by facing the situation head-on will you begin to see change. The first step would be to consider couples counseling. However, if your husband is unwilling, there are legal options available — though they can be difficult, especially in the absence of family or societal support.

You can approach the police the next time he abuses you. Alternatively, with the help of a lawyer, you can contact the Protection Officer in your district. He will assist you in filing a criminal complaint with the Magistrate. You may request:

• Monetary relief

• Protection orders for yourself and your children

• Custody of your children

   

If your husband fails to comply with these orders, he may face imprisonment of up to one year and/or a fine of up to ₹20,000. His salary can also be attached to meet any financial orders made by the court.

Taking such action requires you to be proactive. If you are hesitant to proceed alone, you can reach out to a registered women's group or service provider for assistance.

Q2:
This is a very embarrassing situation, but I can no longer take it. My wife and I have been married for four years. She has severe anger management issues and abuses me both physically and mentally. I've made excuses for her behavior all these years, but now I fear for my life. I can’t talk about this to anyone except as an occasional joke. When she is angry, she is uncontrollable. On the last occasion, she broke my hand. I’ve warned her that I’ll go to the police, but she just laughs it off. Is there anything I can do? Does the Domestic Violence Act apply to husbands?

Dear Reader,
I assume you are referring to the Protection of Women from Domestic Violence Act. Unfortunately, this law currently protects only women, and the plight of abused husbands is often not taken seriously in our country.

However, the Indian Penal Code does provide protection. A fractured limb qualifies as grievous hurt, which is a criminal offense punishable by up to seven years in prison. You may file a police complaint and press for legal action. This could instill some fear in your wife and possibly push her toward seeking counseling or psychiatric help — which she likely needs.

Another strategy is to involve both families. Sometimes, social pressure and accountability from close relatives can serve as strong deterrents.

Q3:
We’ve been married for five years and have a two-year-old daughter. I always knew my husband had a temper, but now his anger is always directed at me. Life has become intolerable. He constantly threatens to throw me out of the house, which he inherited from his parents. I believe I have an equal right to live in that house. Since the house is in his name, can he throw me out whenever he wants?

Dear Reader,
No, your husband cannot evict you from the house if you obtain a court order. The law, under the Protection of Women from Domestic Violence Act, 2005, allows you to seek residence orders. These orders ensure:

• Your right to continue living in the house

• A direction that your husband vacate the premises, even if he owns it

You can also obtain an injunction to restrain him from selling or transferring the house until a permanent solution is reached.

However, if there is someone in your family or social circle who can influence your husband to seek counseling, that may provide a more peaceful resolution.

Q4:
I will inherit my parents’ house after their death. My husband knows this but continues to pressure me to transfer the property into his name. My parents worry that if they do this, he will harass me further — either to sell the house or under some other pretext. He verbally abuses me in front of our children and is turning them against me. I need to know what options I have to protect myself, my children, and my parents.

Dear Reader,
Begin by seeking counseling support for both of you. If he refuses, you have legal options under the Protection of Women from Domestic Violence Act, 2005. You can request a Protection Order, but for it to be effective, consider moving into your parents’ home. This would also ensure their safety from your husband's abuse.

Violations of a Protection Order can result in imprisonment — a strong deterrent. You can use this time apart to help your husband understand, through the intervention of someone he respects, that continued abusive behavior will only harm him in the long run.

About the Expert:
Mrs. Anita T is an advocate with over 20 years of experience practicing in the Chennai High Court and lower courts.