Suraj Kumar (Business) 01 June 2015

Ill treatment

Hello All,

A lady who has been married in 2010 and now its been around 5 years of marriage. It was a love marriage with a colleague in office and into a different caste. The paternal home of the girl is in Delhi and marriage was happened in Uttrakhand at her in-laws place. Currently the couple is residing at Delhi NCR. Now its been five years of marriage and there was no kid born out. Social pressure came in and they have tried their best. Gone for medical checkups and found that the sperm counts are low in boy. But boy's parents could not accept that there is problem in the guy and all the problems are in girl. They use to taunt and abuse her with ill words. Many a times the girl has spoken to her husband for the abusive nature of her in-laws but boy react and try to dominate her a lot. A day before yesterday, she has been thrown out of the home by her in-laws saying as she cannot produce child so no need to stay here. After a while, husband also called girl's brother saying he need divorce and could not take up the responsibilities of her sister. Brother tried to sort out the matter amicably but they were not ready to talk. Today brother alongwith her sister went to her house but again they all reacted and thrown her clothes out of the home. Brother has called the police by dialling 100 and things were discussed and they did nautanki that they have never harassed her. After the police gone, they again said that they will not keep her. And girl taking her clothes came back to her paternal home. A notification for the above incident was given to local police station and currently no legal action has been sought. Brother is trying to save the marriage. Since they have thrown the girl out of the home and threatening for divorce, I personally feel that she should file a complaint for Domestic Violence and demand residential rights together with possession for her streedhan.

What are your thoughts?

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4 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 01 June 2015

Not our thoughts,but after going through the entire query,I come to understand even love marriages have the bearing of inlaws harrasment.If the husband is not supportive of the wife then he is mentally impotent.As mediation has failed,the only option is to move the matter legally.But that could further escalate the situation with ego's entering.If she could get hold of the medical report of her husband that could be helpful.If police are not co operative she can complain in the CAW Cell,that could be of some respite.

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank) 01 June 2015

Dear Querrist

THE WIFE KNOWS VERY WELL THAT HER HUSBAND'S SPERM COUNT IS NOT ENOUGH THAT A WOMAN CAN CONCEIVE AND THEY ARE ILL TRAETING HER AND THROWN HER OUT OF THE HOUSE AND MEDIATION ALSO FAILED . IT IS NOT GOOD OR ADVISABLE FOR THE GIRL TO CONTINUE WITH THAT MARRIAGE. I DON'T UNDERSTAND THE REASON WHY THE GIRL'S BROTHER WANTS HER TO CONTINUE WITH THE MARRIAGE FACING ILL TREATMENT . WHY DO YOU WANT THE POLICE TO FILE A DOMESTIC VIOLENCE CASE AGAINST THE BOY'S FAMILY . DOMESTIC VIOLENCE CASE CAN BE FILED BY THE WIFE IN THE DISTRICT COURT ON HER OWN BUT ONLY ON THE HUSBAND . IN THAT YOU INCLUDE THAT YOUR HUSBAND IS NOT COMPETANT TO GIVE YOU A BABY AS HIS SPERM COUNT IS VERY LOW .

THE WIFE HERSLF SHOULD FILE A PETITION ALONG WITH THE DOMESTIC VIOLENCE PETITION A PETITION FOR AN ORDER TO HER HUSBAND AS WELL AS FOR HER FOR UNDERGOING POTENCY TEST IN A HIGH PROFILE GOVERNMENT HOSPITAL LIKE THE ALL INDIA INSTITUTE OF MEDICAL SCIENCES DELHI . SINCE THEIR MARRIAGE IS IN UTTARKAND BUT THEY ARE NOW LIVING IN DELHI , THE WIFE CAN FILE THE PETITION IN ANY OF THE DISTRICT COURT EITHER IN UTTARKAND OR DELHI .

IN YOUR PETITION WIFE SHOULD REQUEST THE COURT TO GRANT HER A DIVORCE IF HER HUSBAND IS IMPOTENT AS PER MEDICAL REPORTS BY AIIMS .SHE MUST ALSO FILE A PETITION FOR INTERIM MAINTENANCE IN THE SAME COURT . THE PROCEDURES THE WIFE SHOULD FOLLOW AFTER GETTING DIVORCE I WILL WRITE TO YOU LATER - JOSEPH WILFRED - 01/06/2015 AT 21.50 HRS

T. Kalaiselvan, Advocate (Advocate) 09 June 2015

Besides police complaint and their inaction over the complaint, she should approach the higher police official seeking direction to the local police to initiate strict action against her in laws. She may also file a domestic violence case against them including her husband.She may think of filing a divorce suit besides these.

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Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank) 12 June 2015

Dear Mr. Kalaiselvan

AS FAR AS DOMESTIC VIOLENCE ACT IS CONCERNED IT DOES NOT COME UNDER THE PURVIEW OF THE POLICE . SO SHE CAN GET HELP FROM A LAWYER . DRAFT EVERYTHING AND FILING THE PETITION UNDER THE DOMESTIC VIOLENCE ACT DIRECTLY IN THE DISTRICT COURT, HER ADVOCATE CAN DO . ANYWAY SOME LAWYER HAS TO APPEAR FOR THE CASE FILED UNDER THE DOMESTIC VIOLENCE ACT . THERE ARE VARIOUS REMIDIES IN THE DOMESTIC VIOLENCE ACT INCLUDING A SHARE IN THE PROPERTY OF HER HUSBAND BESIDES CONVICTION FOR THE HUSBAND . IN SUCH A CASE WHY SHOULD SHE UNNESSARILY DRAG THE POLICE IN TO THE MATTER AND INVITE TROUBLE FOR HER THROUGH THE POLICE AND THE PUBLIC PROSECUTOR WHO WILL APPEAR ON BEHALF OF THE POLICE . HER ADVOCATE WHO FILES THE PETITION UNDER THE DOMESTIC VIOLENCE ACT WILL DO EVERYTHING ON HER BEHALF . ONLY TO PUNISH THE INLAWS SHE MUST GO TO THE POLICE . WHEN SHE IS HAVING A GRIP ON HER HUSBAND UNDER THE DOMESTIC VIOLENCE ACT , I HOPE THAT IT WILL BE ENOUGH TO HARASS AND PUNISH THE ENTIRE FAMILY OF HER HUSBAND UNDER THE DOMESTIC VIOLENCE ACT .- JOSEPH WILFRED - 12/06/2015 AT 05.38 HRS