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himanshu (Project Consultant)     18 January 2013

Need your advise

Hello experts,

This is case of my real sister who got married in Feb2005 at age of 19. Let you know first that we belong to a lower-middle class while other family belongs to upper middle class. First year of marriage gone very well, but after that they started to complain about my sister misbehavior on phone and also voice recorded those calls. Actually their compaints were all about very little issuse like she did not cook food on time. she was fifteen minutes late. They also started harrsing my sister on these issues and on our family economic status. In result of that she got into a major depression in Feb2007. We rushed her to the hospital along with her spouse. Doctor asked for care for atleast 6 months. Their family asked us to take my sister to our native place and comeback once she got ok. After that her spouse did not call her once even doctor has advised him. Then we threatened him that we will take police action as our main concerned was my sister mental condition. He came and asked us for family meeting. Like all other lower-middle class families we dont want to go for divorce easily, we accepted that all mistakes are because of sister and we apololized for that.

After that incident , their life went smooth until Oct11. In mean time my sister got a baby boy also, now he is 4and half year old. Her spouse got into relationship with teanants wife and stopped talking to my sister. My sister and me requested his parenets to look into the issue. They assured us that we will settle everything within 3-4 months.

After that time span, they called us for family meeting and in that meeting they said that your sister is false alleging their son. My sister even told them that she has shown calls made to that lady by her husband but they refused. They asked us to write on paper that all mistakes are of my sister, they have not demanded dowry, they have taken care of her during her illness etc. We refused to write on paper and came back. In sepetember last, they beated my sister. We went their and took our sister with us. After two weeks of that incident, they sent divorce notice to our place but we could not receive it as we have shifted to another place. One of relative told us that they are going for divorce. We approced to their society president also but no use. He is not listening to anybody.

Please let me know experts what should be course of action. i know that i should have complained earlier against them but nobody wants a divorce on girl side. But now they have decided for divorce, please let me the know actions which would help mine sister and his child their right. We are not having any proof against her husband.



Learning

 8 Replies

Msk-need -nuetral- laws (self)     18 January 2013

If you dont want divorce, very little they can do directly unless you caused depression and cruelty by your deeds or words.Unless your sister agress for divorce, contested cases take long time. And with no proof on his side , he will ultimately loose if he is pettioner.

Now openly let us know whether your sister wnats to continue with him or divorce?

himanshu (Project Consultant)     18 January 2013

Thanks, we dont want divorce at all but that guy blaming my sister in sake of hiding his mistakes. He should atleast accept. Even his mom wants that my sister should stay there but guy and his father thinking that since they are richer, they can continue with the DV case. Even they are not thinking about their 5 years old child. They are confident that they will take him back through court.

stanley (Freedom)     18 January 2013

1. Your sister does not want divorce and your next piont you have mentioned that your DV case is on . 

2. Under what sections has relief been asked for ?

I presume section 18 ,19 ,20 ,21, 22 that is right to residence , Protection order , Maintanence and custody . Hence request you to please confirm the same .

3. In a DV case the women gets temporary custody of the child and the man gets visitation rights ? 

Msk-need -nuetral- laws (self)     18 January 2013

Nothing he can do. stay calm, and pursue other means to amicable ways to resolve problem, if nothing works, no other go.

himanshu (Project Consultant)     18 January 2013

Thanks Stanley,

                         We have not officially received the notice yet but we have managed to know about the DV case through one of relative working in that court. As per notice, last date was 16jan13. We have not started service of that case since still we are trying thorough some other means. I dont know much about the senctions you mentioned but broadly they have alleged about my sister misbehavior to him and his parents, she has benten them quite a few times, from day one she is harrasing him and his family etc.

stanley (Freedom)     18 January 2013

You mean to say that the summons have not been served on your sisters husband . I am rather suprised when you say that on one side you want action and on the   other side you are not even aware what reliefs your sister wants ?? 

DId your sister sign the DIR Blindly without reading it ?? 

piyush (employee)     18 January 2013

Dear Himanshu,

                          There is nothing to be worried about. Your sister's in-laws have to prove all the allegations in court regarding her misbehaviour with her in-laws.  If your sister doesn't want divorce and in case her in-laws have filed a petition for divorce than you need to file a reply for the divorce petition and than apply for Resitution of Conjugal Rights. In case she wants divorce than you have enough proofs i.e. Doctor's testimony of your sister's mental depression, I am sure you have all the medicine prescripttions, she also has grounds of cruelty and adultry (which has to be proved), as mentioned earlier contesting shall take time in Court of Law. Let me assure you, your financial status is of no issue to be pondered upon, all are equal before law. 

1 Like

siranjeet (JE)     18 January 2013

if one spouse is adamant in taking divorce and other is not interested in divorce tthen divorce interested spouse has to prove his allegation for ground of divorce memtioned  u/s 13  of HMA  and it is not so easy but  allegation of adultry by tou are serious allegation as you have no proof and can become ground of divorce in future as adultry is very difficult to prove. making false allegation of adultry is mental cruelty

so it is better to resolve the matter with help  of certain trustworthy influential mediator and filing false on your brother in law  can make relations irreparable if your sister are not really interested in divorce

as custody of child is concerned  court rarely change physical custody and specifically from mother to father


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