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Dowry/harassment/cheating

(Querist) 22 April 2014 This query is : Resolved 
Hello expert,
One of proposal came for my sister marriage through one of our relative and we met to by and his family. After meeting we found boy and his family seems to be very good and impressive.
We spoke with boy and his family about his education qualification and any affair if he has. We got reply that he is Graduate and having no affair outside. He was working in Railway in place of his father since his father had some blindness disease. Finally we got ready for marriage proposal after fulfill some of their demand since he was single boy in their family.
My sister got married in Nov 2011. Few of month (2-3) everything was normal. Than after his behavior started getting change. His language became worsen day by day. They used to quarrel their own (boy his parent, sometime boy and his sister) they used to speak anything nonsense.
One day, my sister came to know that her husband having affair outside. She had informed her mother in laws. Her mother in laws said no need to worry every boys used to have such kind of affair. He will stop such things since now you have come (The important point here is his whole family were knows about this affair from her marriage). She said don’t tell to anybody at your home too otherwise our name will be bad in society...What our relative will say…etc….
She started scarifying and waiting in hope that one day he will stop such things. His timing were totally odd used to come in night 12-12:30am and used to go 5:00 am(timing are approx). When she asked about his office timing he reply that he is doing to jobs since his responsibility has been increased now. As I already mentioned his language become worse during these days. She was not even able to get relief due to this timing she used to gets up and provide hot food and also have to prepare Tiffin box for him than her sister in law(used to go for job). During day time anytime her parents demand for some snacks/tea 2-3 times/food that is also instantly prepared.
One day I visited and found she was became weak and there were no happiness on her face. I approach her to tell the problem if she have any…she denied since her parent in laws already convey her to do not tell anything they will manage her husband and make him understand to stop the things.
Her parent in laws used to speak frequently kya diya tumhar papa ne…ye nahi diya..wo nahi diya..ye kharab diya…wo kharab..diya.. Her sister in law used to came in every weekends at home and ask for make the food what they like…It was look like they have brought not bhabhi…but maid who used to do everything without any charges.
The scene were like their boy used to enjoy..outside with that girl…have drink and don’t took any responsibility and my sister were used to work at home like maid and fulfill demands of everyone and got beaten in night. She feel all will get stop once a baby will come in their life as her mother in law used to tell her everytime.

Slowly one by one everything came in to the light that he is smoker, drinker, thief, and lie… He used to drink and to beat my sister like anything. He also beat my sister when his affair (that girl is also pregnant) came in light during the same time my sister were also pregnant. He used to abuse her everytime like tu apne baap ke ghar ja…Tera baap bhai mera kya bigad lenge…Tu unko bata degi bolti hai to bol de wo mera kya kar lenge…etc.
Her husband used to smoke, drink, thief a jewelry and cash from home, telling everything false (99.9%), used to take money from outsider by offering them false commitments(like ..main job lagava dunga etc) that’s why he used to came late in night run early in morning so that no one catch him.
A year gone my sister got pregnant with 7-8 month and socked when she came know that the girl with whom her husband had affair also got pregnant with 8-9 month. She called JIJa (husband of sister in law) and visited at hospital where that girl was admitted and found her husband too was present there.
She informed parent in law about the incident they said now you involve/inform your parents about this. When we came to know these entire things we too got shocked and were unable to understand what to do…
We had not even finalized what to do…. her mother in law calls us and said please take your daughter at your home she is not safe here….from his son..
We brought our sister at home and came to know all details about each incident… I fixed to Police complaint but my father thought about society and also sister too never can go back to her home. We think and ask my sister about next steps she said she got socked and will not go back again since there is danger for her/baby boy life. According to her, her husband can do anything he may possible he can sell his son too for drink….
After delivery their family came to meet new born baby boy to showoff that how much they care about it.
After two month when they call to ask back for my sister we clearly convey my sister message to them that “My sister will not came back till the time her husband became a human being”. Her husband came and said he will sort out his affair in 2-4 month……we had observed there were no guilty on his face….also speaking arrogant. Even his family does not feel any guilty his son did…her mother called and said “ye sub hota rahata hai, ab ghar aa jao nahi to mara ladka 1-2 aur bacche paida kar lega to bolna nahi”. Now It was almost 6 month over but still his affair and behavior not sort out… His used to call us speak anything nonsense. His sister/mother call and threaten if you will not come ..will ask that girl to stay with us…
There are a lot of more thing..But it is difficult to mention everything faced by my sister within 2 year of her life.
We have never interact with police in whole life...now do not understand how to proceed further on this case.

Looking forward expert suggestion also we want they should get heavy/good punishment so that they think thousand of time in future before playing any once life.








Devajyoti Barman (Expert) 22 April 2014
First decide what do you want.
I would advise to take another chance as it is one seconds affair to break a marriage but a year long affair to build it.
If your sister is adamant then she can file various kinds of criminal cases like one u/s 498A, 406,323, 506 IPC .
She can file case under PWDV Act as well for maintenance and other reliefs.
Nadeem Qureshi (Expert) 23 April 2014
agree with expert
Dr J C Vashista (Expert) 23 April 2014
Please be precise in posting a query.
malipeddi jaggarao (Expert) 23 April 2014
A lengthy story. You have no alternative except as advised by expert Mr.Barman - file various kinds of criminal cases like one u/s 498A, 406,323, 506 IPC .
She can file case under PWDV Act as well for maintenance and other reliefs.
Rajendra K Goyal (Expert) 23 April 2014
Try to be brief in mentioning the facts.

In the given circumstances agree with the expert Devajyoti Barman ji.
Daya (Querist) 23 April 2014
First upon thanks to all of you for your prompt response and valuable guidance!!!
I have few concerns about this matter which are mentioned below.
1. We had spoke with her (my sister) about to give one more chance to her husband. She is scared and according to her they can do anything and if anything goes wrong with her no will take the responsibility. Because there parent in law were aware about affair and they play gamble with my sister life.
2. She said they are showing something else and do something else, in this situation how she can believe that he is now stopped everything since he has speaking lie to everyone and will not repeat in future?
3. Her mother in laws says she will go and stay with her daughter in future if her husband (who is blind) will dead. In this situation how my sister cans became ready to stay with her husband when her mother in law do not have any faith on her son?
4. What about her(my sister) son, where he stay…who will have the ownership …etc ?
Thank in advance for your valuable suggestion and I’ll touch you people again in future in case I require..
ajay sethi (Expert) 23 April 2014
1) her husband wont change . file case of adultery against her husband . since husband has a child from his affair you would with DNA tests be able to convince court that husband is father of child .

2) file complaint under DV act . claim maintenance , seek protection order against husband ,

3) if she does not want to stay with her husband she can also file case for divorce on grounds of adultery . make the girl a co respondent in the case /
Biswanath Roy (Expert) 23 April 2014
Before proceeding legally I advice you to go to his house and whip the husband mercilessly unless he faints as a punishment for ruining the life of an innocent Girl thereafter proceed legally as per advice of Learned Mr. Ajay Sethi.
Daya (Querist) 23 April 2014
Thank you a lot Mr. Ajay Sethi and Mr. Biswanath Roy.
Even I too was thought to whip him unless he faint but again i thought this action might create negative impact on our case and they may also reject to divorce and my sister wont able to marry again in future.
Does she claim maintenance even after claiming divorce?
After divorce what will happen with her son future?
Biswanath Roy (Expert) 24 April 2014
She will definitely get maintainence for her and for her child and even educational expepenses.
Guest (Expert) 24 April 2014
Maintenance would be her rightful claim.
Guest (Expert) 24 April 2014
Maintenance would be her rightful claim.
T. Kalaiselvan, Advocate (Expert) 24 April 2014
I agree with the advises rendered by expert Mr. Ajay Sethi. You have no option than to seek police help and legal help to solve the issues. Her husband has gone to an extent beyond any repair now, he will not come back to his senses until there is a proper and strict legal action against him, so in order to have permanent relief and to punish the goons like this, legal action as advised will be the only respite.
ajay sethi (Expert) 24 April 2014
thanks for your appreciation . she would get maintenance
Daya (Querist) 27 April 2014
Hello everyone !!

I'm wondering with few of question with this case.

1. Does this case can be handle over fast track, is yes how much time it will take?

2. Can FIR filled after taking mutually divorce by involving advocate ?

3. Where to filled FIR(Police station where her parent in laws belongs or Police station where her parent belongs ?
Daya (Querist) 12 May 2014
Hello everyone !!

I'm wondering with few of question with this case.

1. Does this case can be handle over fast track, is yes how much time it will take?

2. Can FIR filled after taking mutually divorce by involving advocate ?

3. Where to filled FIR(Police station where her parent in laws belongs or Police station where her parent belongs ?

4. Can we filled case in kalyan court since we belongs to dombivli area ?
V R SHROFF (Expert) 12 May 2014
A Very lengthy & very sad story.

Do not think further:
JUST DO THIS :
File DV, asking Mtn, residence, child edu, protection.nothing more.
Disclose entire affair, extra marital sex and child born.[ for Court Records]
Get Court Order from KALYAN COURT.

RELAX, WAIT AND WATCH FOR A YEAR.
YOU CAN GET ORDER WITHIN 60 DAYS. [ No Court Fees, no cost]Do not apply Divorce or lodge any other Police complaint. If he loose Job, u & ur child starve.]
V R SHROFF (Expert) 12 May 2014
Whipping every month with mtn cheque hv more impact, and u get something, malampatti- to heal ur wound.

[not easy to get re-married for mother with child and no job..; So Divorce will only help him, not u]

Criminal comp , if fails [usually 99%] u hv nothing left!!If succeed, then starve!! Looser on both ends.

Plan properly. In My Opinion what I suggested . easiest, cheapest & best, no friction, no whipping,no illegality, .
ONLY FILE Domestic Violence Appl u/s 12/23 at KALYAN COURT.
Daya (Querist) 14 May 2014
Thanks for your suggestion

I'll ping you in future if require..
Daya (Querist) 20 January 2015
Hello Everyone,

I had post my query and according to that we had filed domestic case on second party.

But we are facing some challenges where second party not willing/bothered to attend the court and our advocate say's that we can not able to do anything if he is not attending the case. Case is getting delayed and we are again n again getting new dates. can anyone help me on this point.
Can't we go for arrest warrant since he do no obey the court order ?
How can we get maintenance ?

We are looking for maintenance and than want divorce from him.


Your valuable suggestion will be welcome.
Thanks


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