Vivek (SE) 04 December 2014

Help for my sister

Dear Sir/ Madam,

I have to discuss you regarding issue with my sister. She got married on 7^th December 2012 by process of arranged marriage.

Her Husband’s family belongs from Lucnkow that time three persons were in family .Husband’s Mother (Widow), Husband’s Uncle. Her husband does job in SBI Bhopal division and Uncle was already divorced but living with his Widow Bhabhi . Mother is working in U.P Gov. In starting months my sister spent two months in Lucknow and two months with her husband then in June Month My sister came for routine visit to our parent’s home 180 km far from Lucknow.

In this duration conflicts came between her Mother-in-law and Uncle for property in lucknow and Expenditures. They both filed case against each. Mother forcefully out to her husband’s brother (uncle) from home in Lucknow.

When my sister came to our home we started calling them to take her to their home in lucknow. But they were delaying this and told us we are in tension and we will call you after some time.

After 2 months my father reached lucknow with sister to drop her .Her Mother In Law did not open gate and husband was in his duty in M.P. he told us you have not informed us for coming here so I can’t help you.

Her husband visited to our home 3 time till now always told us I will do correct and fine everything next days or month but nothing changed still my sister is in her parents’s home.

We already gave him 18 months time to do situation good. But still nothing changed also from last 6 months telephonic conversation between my sister and her husband is stopped. He doesn’t want to talk me or my father also.

Still we have not taken any legal action or complaint...Just for if we will give time may be things will be change and good.

Due to this we are loosing our social credit and I have 3 sisters and she is my elder sister & this was first marriage in family still my two sisters are responsibility for me and my father.

Now we don’t want to wait for him...I want to know how to start for legal action against him and his mother ?

Sir Please help us because they are financially strong and his relatives are lawyer and living in my city.

Thanking You

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5 Replies

Advocate Vipin Raturi Delhi (ADVOCATE ) 04 December 2014

Dear Sir.

As per your written statement, it seems that they are doing something wrong with your family. So, first you should aware not believe them easily. Other thing your sister Husband in Government sector, you can take any action against him very easily. Don't worry their relative is lawyer, but they can guide them in law points. So you should be very alert in every step. If you are taking legal action, it may be breach of relation with them,So mentally prepare in every step. if they are arrogant you can take following action against them.

1. First given a written complaint in Police station and Women cell in your area.

2. File petition under section-9 Hindu Marriage Act, for restitution of consumable right.

3. Filed complaint under the Domestic Violence act, 2005.

4. Section 125 Cr.pc for maintenance.

Note: This is legal remedies. Strictly asking them why ? they are not interesting to continue this relation. while your sister is part of their family. Consultancy form any good lawyer in your area. Don't waist your valuable time.

Adv. Chandrasekhar (Advocate) 04 December 2014

In your long narration, you missed to inform one point - that why your jijaji is refusing to live with your sister? What is the bone of contention? You have legal remedy - file a domestic violence case and in that seek residential rights in the matrimonial home, i.e., where husband is living. But I am giving this legal advice off-hand, but it is better first to analyze that what is the actual problem between the spouses, before even filing domestic violence case.

(Guest)

Hello Vivek:

I don’t think there is need for going to court. Your sister got embroiled into property dispute of her husbands mom without her fault. Talk to sisters husband and try to sort out issues. I can understand your plight that you have sisters at your house who are not married and this will have negative impact on other sisters in family.

First talk.

Get to know what they want to do and what their stand is, and explain them your situation.

If they agree ok, or if the seek some more time to settle their own issues also its ok. Give them some more time.

But if they prolong unduly, then file case of PWDVA 2005 only under section 19, subsection 1, 2, 3, 4, 5, 6, 7, 8. Section 20 subsection 2, 3, 6. You can also file a RCR petition asking husband to take back his wife.

Be advised, that legal way is – ONE WAY, once you enter, its at your own risk and you will come out of it alone, not as couple. In other words, if you approach this situation legally, your sisters marriage will be over.

May The Good Lord give the right senses to you all. All the best,

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Vivek (SE) 19 January 2015

Dear Sir,

Above I have discussed you case related to my sister. We again went for talk with her husband and her mother-in-law. Till before they did not disclose what they want to do and why r they not taking her to back.

Now they have frankly disclosed their intention, My Jija ji clearly told me that his and my sister’s nature does not match, if forcibly they lived in future together they both will not be happy. Also he told they both do not like each other, also he blamed that my sister tortured to his mother and she never loved him and my father tried to occupy his home so that he wants to finish this relationship and not want to continue and this is his final decision. also he told that it took him 1.5 years to take this decision.

I and my father requested too much with him and his mother but they both clearly want to finish this marriage. When I asked him now what to do next he clearly told me go to court.

My sister always loved & respected him, never wanted to leave him still she wants to live with his husband. But in 2 years of marriage from 1.5 years my sister is at our parent’s home. They are not ready to take her back.

Now we have also decided that nothing left for talk. And we have to go to court only...

Sir, Please suggest me what charges can we file against them. So that my sister can get justice and secure her future.

Thanks to all of you