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My sisters dowry (Family Law)

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This query is : Resolved


Author : Mark

Posted On 29 April 2012 at 16:53

Dear Lawyers club of india,

Please help me.

My sister is staying with us for last 7 years with me & my family. as her husband is drunkard, jobless got many extra marital affairs, they use to beat my sister, torture her for dowry. inspite of these my sister didnt went for divorec for society & her 12 old kid sake. but now she a notice from her husband lawyer for divorce or comeback. if she doesnt respond then lawyer who has sent the notice said my sister has to rs 5000 to her husband and inlaws.

- why do have to pay rs 5000 under which act and why
- do we approach for divorce and maintainance.
-what do we do.

my wife & in-laws are already giving me trouble now my sisters in-laws have restarted once. please help us.





Expert : ajay sethi

Posted On 29 April 2012 at 17:06

file complaint under Dv act against husband . claim maintenance , compensation etc . iff husband is still harassing her

if she wants a divorce then do it by mutual consent



Expert : MohammedRaffiq Bijapur

Posted On 29 April 2012 at 18:01

ajay sethi sir is right
as regards the amount is concern it is just a treat. dont worry.



Expert : raj kumar makkad

Posted On 29 April 2012 at 19:28

The alleged demand of money is nothing but a big joke.

Your sister should come forward for the egal rights of herself as well of her kid. She can not only file application under section 12 of DV Act containing various reliefs like right to residence, right to maintenance, right to compensation, right to protection order etc. but she can also separately get maintenance under section 125 of Criminal procedure Code.

If your sister is also desirous to get the divorce then a mutual consent may be arrived at over whole issues and a lump sum amount can be fixed as permanent alimony however the right of son of your sister shall always remain over the property of his father with right to maintenance untill he earns.



Expert : SAINATH DEVALLA

Posted On 29 April 2012 at 20:08

Rightly adviced by Sethiji and Makkadji



Expert : Sudhir Kumar

Posted On 29 April 2012 at 20:41

Seven years ?



You have not specified :-

(i) Whether your sister is earning
(ii) Whether capable of earning if not earning?
(iii) Do you have parental property?


My dear your sister will not want divorce.

Why should she? When a stupid brother like you is looking after family of a drunkard at the cost of your family and in the bargain when her children are grown up you and your wife will be insulted by sister and her children. This has happened in many cases.

Why should she enter into hassel of framing her in-laws in genuine cases as you are already in the net.





When she has allowed her in-laws to be out of jail they are sure to behave this way.




Expert : prabhakar singh

Posted On 29 April 2012 at 22:07

go as advised



Expert : Kiran Kumar

Posted On 30 April 2012 at 00:01

unable to understand how this notice was constructed.

totally ridiculous practice.

better file appropriate cases under DV act and seek maintenance also.

7 years period is long enough to dissolve such a relationship, better conclude the things as soon as possible.



Author : Mark

Posted On 30 April 2012 at 17:40

Thanks all for your advice. My sister was under depression so, I requested her to do a course and she is searching for job.

The notice which my sister received says we need to Pay Rs 5000 to Lawyer (who sent notice) if we do not take any legal action or my sister do not return her in-laws place in next 15 days. please help me here understanding what to do.

Also,they are giving my sister threats to kill shall register an complaint in local police station.




Expert : Shonee Kapoor

Posted On 02 May 2012 at 09:26

What were you doing for 7 years?

Also, you can get divorce, why you want to get into litigation.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com


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