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Latish (Software Developer)     05 February 2014

Divorce case advice needed

Dear Experts,

I need your advice on my sister's interim maintenance case that was filed in 2011 in the Bandra family court. Mentioned below is the case history till date:

1. My sister got married in April 2007 to a boy who worked (and works in Dubai). The boy left for Dubai 2 days after marriage and always found reasons for not arranging the VISA for my sister. She was always given a temporary VISA for being to Dubai, until July 2008 when the permanent VISA was arranged.

2. In Dubai, my sister figured out her husband's extra marital relationship with her boss and the lady used to interfere more in her personal lives. When my sister spoke to her in-laws they rubished her claims stating that the lady was a family friend and they informed my sister to not think negative.

3. As days passed by, my sister had to go through hell where the lady used to call her husband late nights / early morning and he used to instruct my sister to go out of the bed room so that he could attend the calls.

4. This continued and my sister reported this to us and my father spoke to the boy's father asking him to take care of the issues and if they can't control then send her back to India. Though the boy's father assured that they will take care but on the contrary they started mentally torturing my sister very much.

5. When this became unbearable, my sister fled to Mumbai on her own in the month of November 2008. She was ill and had to go under medication.

6. There were talks between the 2 families but nothing positive came out since they were not ready to accept their fault and were ready to resolve the marriage in front of 2 members from each family.

7. They were not ready to have it resolved properly nor take up my sister's maintenance and thus we filed maintenance case against them in 2011. 

8. The case started with counselling and as it stands today still being heard with 3 judges changed in this phase and every time a judge comes he insists in having it sorted out of the court without even reading the petition filed.

9. My sister's husband does act in front of the court and claims that he is ready to take my sister back in his life. He has still not returned her complete jewellery back and claims that that is all he has, though we do have photographs of the jewellery that is pending with him.

10. He just keeps on prolonging things by putting in fake stories and with the mental / physical torture my sister has gone through she is frightened to go back to him in Dubai.

We do have the call bills copy as a proof of his late night and prolonged calls with her boss, but the court has so far not paid any head to it.

I desperately need your expert opinion on what should the next step be to have our pending jewelery back along with the maintenance amount from them.

I am sorry for this long mail, but wanted to provide as much details of the case so that it can be less time consuming for you all to provide your valuable inputs.

Thanking you all in anticipation.

 

Regards.

 



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