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kamal singh (N/A)     04 August 2011

Save marriage

My sister's in-laws are continuosly trying to destroy her family life.. Still after 2 years of the marriage they talk about dowry and abuse my sister.. we can provide them more money as we are well settled but I don't think thats the end of this. the in-laws always provoke their son to leave my sister and do 2nd marriage. My sister has a baby girl of 5 months and the in-laws threaten her that they will keep the baby with them and do 2nd marriage of their son.

Can we take any action against the in-laws only so that my sister's home can be saved.

Please suggest.



Learning

 4 Replies

Adv. Chandrasekhar (Advocate)     04 August 2011

Today, I have gone through your earlier posting of 2 to 3 months back.  Now, you must have analyzed that whose advises turned out to be true and whose were not. 

First, I deal with legal aspect.   The child is six months old and hence, in all probability, your sister will get the custody of the child.  You said your sister is a working woman.  If that is so, and your BIL also a working person, then the custody goes in your sister's favour.  Normally, till five years, the custody will be with the mother, due to express provision in law.  Even after that, the father will be generally given visitation rights and custody will be given to the mother.  If he is interested for the 2nd marriage, he will not insist for custody or visistation rights.

Your inlaws cannot forciably keep the child along with them.  your sister willl get the custody.

If BIL goes to second marriage, without getting divorce, he will directly go to jail under bigamy offence.  Your sister also will get the divorce on the ground of his adultery.

If you put allegations on them that they are cruel and again insist that you want to save your sister's married life, that is not possible for the reason that law can punish the people but cannot reform them.  So if your sister wants to protect her matrimonial life, she has to bear their cruel behaviour till her last day, as those people will  not reform.  If she does not want to continue with him, she can go for divorce and contest the  child custody case, if they file a case for child custody.

kamal singh (N/A)     04 August 2011

Thanks Chandu ji for your valueable advice... I knew this fact that these people can't be reformed..but I also don't want my sister's marriage to be broken... Is there any legal procedure by which the couple will live together with the in-laws but they are not allowed to say anything to my sister.

Govind Sharma (Manager- HR & Admin)     04 August 2011

was this really a marriage?

What is the use of keeping such relationships?

 

Adv. Chandrasekhar (Advocate)     04 August 2011

you cannot sail in two boats.


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