Please help my sister.


Hi,

My Sister Got married on  Aug 23 2013, There had been a several harassments happened on my Sister mainly from her Husband and his parents only on the verbal lines, My sister had never opened up on any of these things with us,  till the day when  He called my sister, when she was with our family on Pilligrimage to asking her  to bring the Jewellery to his  home and not to talk / Come to your house if she fails so. we went to their house  with my sister along with the jewelery and tried to settle down the things but worst had happened where he did not allow us to come in to their house and thrown out all my sister's Luggage outside, By all the situations happened around my sister broke out very badly was beaten by her husband's  Mothers's sister. we had not lodged  498 A/ any other  Cases against them, as my Sister requested us not to do so as she is(still) lenient on them , also coming from orthodox brahmin family we never wanted to have police/lawyer coming into scene, after 3 days we had received a lawyer notice from them saying that we had intimidated and created nuisance  at their  premise, after that we had forced our sister to give counter to the same.After 6 months  of haitus both group of lawyers  had setup meeting to build up a reconcilation. They had agreed to take my sister back to their home, it has already been  2 months since the meeting they have not turned to us till now, in turn they are asking us all  to sign a bond and they are alleging that they have a threat  from my family. We are not ready to sign any document ( even this talk had been turned by Both Lawyers too), he is now harrasing my sister to get signed up the same by herself and our selves.

We are completely in dillemma about the further process , can we lodge Restitution of Conjugal Rights? or any other case apart from 498 A ( as it would be dead end to marraige).  we had gone thorugh all of the ways including consulting their lawyer too , he had opted  out himself from the scene as they are very adamant and not even listening up to his words too.

Also, All the Harassment  happened over the phone when my sister was at our house, how could we tap them  to seek a Proof for vindication of 498 A case?.

Please help us on this regard.

Thanks and Regards,

T.V.P.Ramakrsihna

 
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Senior Partner

@ Author,

Three options suggested, visit Advocates Chamber r/w Courts wisely;
 

1. File case of S. 9 HMA in a family court. If he accepts, end of litigation, she resumes marital life. If he refuses the Judgment in this case leads to divorce.


2. If your sister not earning and her husband dis capable hand then along with S. 9 HMA file a case of S. 125 CrPC. She will get interim maintenance. In such Application she can mention verbal domestic violence incidences and her husband’s refusal to cohabit with her.


2.1  By the time these two suits in family court warms up read with failed re-conciliations which will be ordered in due course during either/both the suit matters it would be time to follow last option, i.e.


3. Start looking for a suitable boy for re-marriage of your sister.


Reasoning:

A. You mentioned here that all civilities are over to resume cohabitation between them as reflecting from your narrations herein, hence civil divorce is orthodox way – out in such briefs.


B. Verbal (over tel.) abuses or acrimonious statements between husband-wife does not fall under S. 498a IPC. Hence filing S. 498a IPC is ruled out. Yet, one may try hand in filing Domestic Violence Act complaint case which is softer form of S. 498a IPC and still leads to complete break-up yet comes under quasi criminal proceedings. Hence civil divorce route by following para 1 / 2 are orthodox way – out in such briefs.


[Last reply]

 
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Advocate

Apprehension of suppression of material facts cannot be ruled out in describing this case. You described only your problem but why such problem cropped up you did not say., hence descripttion of the full facts is needed for the opinion.

 
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What is the opinion of your sister.  Forget about the orthodox sentiments, it is life and future of that woman, she has to decide either to live with him and if he is not ready to accept her anymore, ther is no use in fighting for it or forcing him to live with her unwillingly. Lodging a criminal complaint against him or his family members may be a temporary satisfaction which will not yield any desire result.  The pecuniary damages maybe compensated by seeking maintenance through law to some extent or one time settlement of alimony, for that she can go for mutual consent divorce.  Change the lawyer if he is not able to guide you properly or playing games in between.

 
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