Divorce and settlement

This query is : Resolved 
 

(Querist)
12 February 2019

Hello All,

This is Jyothi here .I am from Bangalore,Karnataka. I wanted to know certain things about divorce and the final settlement.
I have an elder sister Divya who is married to guy srikanth around 13 years back and they have two kids. He is simply a cab owner and distribute luggage to hotels/clubs in and around Bangalore. Both the kids are small in age. After marriage the relation was very good for 2-3 years. Later he started drinking and beating my sister and her daughters badly.My sister has tolerated this for the last 10 years but now he became more cruel and beating vulgarly and damaging the organs like eyes ears etc of my sister.
Now he is not even listening his parents also anyone and telling that he doesn't want family anymore i.e he doesn't want wife and kids and want to live alone.

Under various circumstances we have given huge amounts of money to buy lands,gold,car etc to him and his family.Now nobody is coming under the rescue of my sister and her kids.
If we go for divorce and ask for compensation /final settlement for my sister and kids to rest of their life, Is that OK ?

what all we can we can claim to make my sister life happier after the divorce?

Kindly let us know all the legal possibilities and if possible help us by giving us some precious court orders.


N.J.S.Rajkumar alias narasimha (Expert)
12 February 2019

Better First admit him in de addiction centre when he is drunk and they would take care. In Bengaluru " Sakthi Deaddiction Centre" -- mobile 77950 40240 and " Kripa Revival Centre " --- mobile 98453 10070.

Dr J C Vashista (Expert)
12 February 2019

Why did your sister tolerate for 10 long years in these circumstances ? She should have asked for relief (s) under the provisions of Protection of Women from Domestic Violence Act, 2005. However, she can move now also, there is no limit.
It would be better to stop poking your nose in the family affairs of your sister, she is mature enough.

Gandepalli Madhu (Querist)
12 February 2019

Hello Rajkumar sir,

we have tried many times but there is no support from their family members itself to make it successful..

Gandepalli Madhu (Querist)
12 February 2019

Hello Vashista sir,

MY sister is innocent and uneducated so she is asking our aid to resolve this. there is no support from her in laws family so we are the only one to aid her.

Adv Shailendra Deshpande (Expert)
13 February 2019

First understand how your sister is going to manage her and children expenses if she is decided for divorce. Sometimes Maintenance amount is not enough. Since you have mentioned about her happiness, then look for avenues/options for her financial and psychological independence based on her education & her self-reliance.
In case, she wants divorce, then you can ask for Streedhan given in marriage as well as money given for her afterwards, if that is purchased in her name with written receipts for.e.g. gold receipts. If land or car is registered in her name, then it becomes her personal property which she can remove from hands of husband or in-laws. In Court of Law evidence is more important, hence first collect the same before taking final decision.

Gandepalli Madhu (Querist)
13 February 2019

Hello Shailendra sir,
There is nothing purchased in her name.

Regarding your first point, wont we get any compensation from her husband side for her rest of life .Let it be a lower value but will we get that compensation?


Adv Shailendra Deshpande (Expert)
13 February 2019

respected Madam,
You can apply for Maintenance u/s 125 of CrPC, which can be monthly.

N.J.S.Rajkumar alias narasimha (Expert)
14 February 2019

For rehabilitation the support of his family relatives not mandatory. The Co operation of your sister to the Rehabilitation Centre would rescue him.

N.J.S.Rajkumar alias narasimha (Expert)
14 February 2019

When he is drunk you could call the De addiction Centres and they would take care.



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