Domestic violence case filed

1. Once a case goes to court it is as good as the marriage has ended .

 

what are the reliefs she is seeking you have not stated except for one relief that is maintenance .

 

A) True if your sister is working and drawing a good salary she would not be entitled to maintenance .

 

B) As for the child  maintenance is co-extensive and both have to contribute . I presume the child is with your sister . Hence she is not seeking custody of the child as she already has the same .

 

C) Right for residence have you asked for the same if so than the allegations have to be proved in order to be entitled for the same .

 

D)You have stated that the house is in joint names . What does your sister seek ? Does she seek her share of the property . Than she would have to file a partation suit and she can recover her amount of the contribution, if her husband is ready to buy her share than he has pay her the amount in proportion to their investments as per the market value .

Hi, Thanks for the below queries. 

 

husbands parents were not staying in the house until the fight started. They are also witness to physical abuse . they have been mentally torturing my sister when she was in the house.

We want restraining order that his parents and the husband to leave the house or otherwise provide alternative residence to my sister as part of her share towards the house. 

 

My sister's name is first and second name is of her husband in the said property. We want child custody who is currently staying in the same house with her husband. My sister is earning approx. 90000 Rs. a month out of which she is paying 25 to 30 thousand towards home loan. 

 

Recently she has been terminated from her job however she has to undergo notice period of 3 months to get her dues from the company..... I am really not concerned about the maintenance. however I want the court to take action against her husband for beating her up. also her in laws who has been mentally harrassing her..... 

 

The kid is witness to all this however the father would be influencing him lie but the truth is he is a witness. 

 

We have asked for child custody and alternative residence (that is also her share in the said property.)

 

The husband has been cheating on my sister for quite sometime and we have storng evidence with pictures with his girlfriend,  audio tapes with self confession,  whatsapp and email messages. 

 

He has been a serial cheater. 

 

We have medical reports with pictures of marks on her hands. the driver and the kid is witness to the abuse apart from my sister's in laws. 

 

Would this be sufficient to prove the physical abuse ?

 

Please give your suggestions and also advise if you or someone can take this case. I am not happy with the current lawyer.

One thing is to be remembered here at all times:  He who seeks vengeance must dig two graves: one for his enemy and one for himself.

 

The mood looks definitely to take revenge.  But I feel its not feasible to pursue this case.  Instead, the concerned person, the wife should file for divorce immediately ie MCD.  This should be talked out having patience, all the len den ie give and take with regard to property etc their respective terms and conditions should be clearly discussed and written on paper, decision about who will keep the kid and how much the husband is willing to contribute towards maintenance of child should be discussed and come to an understanding.

Pursuing the above cases is a waste of time.  I understand that the concerned woman needs justice, but this wont amount to justice, justice is something else, in marital cases you wont get justice.  Justice is when the woman will get divorce via MCD, and then also get a partner who is able to give her love and affection and treat her with respect, that's the day this woman will get justice.

Sending husband behind bars is not justice, it is achievable but it will cost a lot of time for both the parties, not to forget the kid, kid's mental trauma will keep increasing only to have long term ill effects on its mind.

It appears to be a 10 year marriage.  Its always better to part ways in gentlemanly fashion than to fight like road side beggars and part ways.

Choice is your sister's.

Our intention is never revenge. We always wanted divorce amicably. however this person is not willing to give divorce instead he used to beat her up at every chance. finally he threw her out of the house. 

A person who beats his wife in front of the kid and abuses her, do you really think he cares about the kids well being. He is serial cheater and has been caught lot of times. My sister always forgived him (of course after he pleaded that he will not repeat it but continued to do so ) All this while my sister was thinking for the kids future hence she was letting go. Once the beating started I dont think any educated women  can take this..... 

Marriage has been almost 12 yrs old now. The fight has been going on since 3 years. Husband is not willing to give her share in the house. The value of the house is huge. He doesn't want to give anything. 

 

Our lawyer told us to file DV case and therafter adultery. Adultery case so I have been told with the available evidence that it will be a straight win. I am skeptical about the DV case. It may go any way considering the lies they might fabricate. bottom line the kid and the driver are witness. The driver may or maynot say in favour of my sister. but the child will say the truth if asked properly. 

 

Apart from this we have medical reports 6 to 7 NC's and pictures taken by police medical team with marks on her face and h ands. 

 

The husband realized he is leaving evidence so after which he started beating her strategically leaving no marks. He used to spit on her face ... pull her hair etc. 

 

My sister's choice is to leave this husband , get her share and custody of the child and then move on in life. 

 

With this problem she has not  been able to move on. 

The kid is also in a very bad state of mind. His grades has fallen , teachers are complaining about him. He uses abusive language,  he is not doing his homework etc. etc. 

Please advise what should we do . 

Regards, 

You can file contested divorce along with pursuing of DV and 125crpc Both above advices are apt and proper. But since husband stubborn, You'll get child maintenance and if DV has strong evidence then compensation. Divorce she wants or no is her personal view. Let her claim maintenance first as is the need of child. Matrimonial ties can be ruptured amicably even at later stage. Your lawyer has done the needful. You can also file for 125 crpc in addition but maintenance will be granted only in 1. Gudluk

i doubt that so high earning woman can get maintenance