Dear experts,we are muslim by caste.My maternal sister who has been married for the last three years is being seriously harassed by her in-laws for Dowry.They rebuke her, badmouth her always. Recently they have resorted to beating her and her husband black and blue for no reasons whatsoever. Her husband is on my sisters side. She has even tried to complain in police but the callous policemen did not lodge any FIR as my in-laws bribed them also.
Please guide under what sections of IPC my sister can lodge a case against her inlaws for harassing her,badmouthing her and beating her. So that they can be brought to justice.
Anonymous
25 July 2011 at 18:13
Respected All
i want to know the meaning of legal terms "AFTERTHOUGHTS"
bse my wife created the false story after i file the case. i have a evidance in mahila paramarsha kendra.
can i say to court that this is afterthought of my wife which create a false story
Anonymous
25 July 2011 at 12:44
Sir,
Can you please give comments on below:-
"As per section 494 IPC, a person can have second marriage after seven year of living seperately from his wife Or husband, even they are not yet divorced legally" is this correct.
My divorce case filed is pending with court, judgement yet to come.
Can you please help me.
Thanks/Regards,
Ajit
Greetings to all,
The history
I got married on Oct-2009 and my wife gave birth to our kid on Nov-2010. There was rift between us after that and from the past 8 months we have neither met nor talked to each other. She is in her parent’s house from the past 9 months. She understands that she is the one who has done the mistake but she refuses to concede to it well supported by her parents. I had forgiven the mistakes done by her and her parents but even after that they continued to create one blunder after the other. Though I love my wife, I feel very discomfort to accept her as neither she nor her parents are apologetic to what has happened and this has further created the rift. I tried to convey my acceptance of her a month ago through her half brother but there is no response from them after that I have not tried it again as that may make her feel that I am after her which will into a trap. Now the question is.
1. Can I leave this matter as it is i.e. we wont interfere with each other's life without taking a divorce.
2. Should I take the divorce and claim the custody of my son (now he is 9 months)
2.1 If I take divorce, should I give her the maintenance as she is not working? She used t work for some time as a lecturer well before marriage. Her parents are not well off and they cannot give my son a decent living and even to her. On the other hand I am well off with all the necessary things to run a family with an own house, vehicle, a good job and no loan and I my parents are not dependent on me financially.
3. She had, her self asked for divorce(9 months back) for no reason or mistake of mine and her parents backed her( this is what which has hurt me the most as I always loved my wife and even demonstrated it as long as she was with me), I even asked her to go ahead with divorce if she feels she has done it rightly, but she is not taking any decision on this.
Please suggest what I need to do.
I am open for all the possibilities
1. To live with her if she realises her mistake and assure me of not repeating it again along with her parents, though I fear that some day she make drag us to the court.
2. Take the custody of my son only if we divorce as I don’t like my son to fell short of his mother’s love which is important than mine as of now, though my support will be crucial for his education latter.
3. Maintain Status co.
I have put the things in brief if you have anything to be asked so give a viable solution please feel free to ask.
Anonymous
25 July 2011 at 00:48
I am a Central govt. employee (Para military). I am married, and I have a daughter aged 4.5 yrs. I am not staying with my wife for more than 4 years. She is not ready to live with my parents and mentally retarded brother and deserted me. I filed RCR and later withdrawn it after 2 years as she is not ready to stay with me. She has done a lot of things to tarnish my image and to disturb my career. When she failed in her attempt she filed a divorce petition and said that the petition is only to harass me and will withdraw her petition during the final stage of hearing and will delay the divorce. So i have also filed a divorce petition in family court, which is right now in high court for transfer of my petition to the nearest family court in her district. I didn’t appeared in the case filed by her, became ex-party, to get and early order. Now she is not ready to file affidavit in the court and not getting her ex-party divorce. I want divorce from her, I am sure that I don’t want to stay with her. What is the best next course of action?
I am paying maintenance as per the order of the court. Though problems in my marital life started after 1.5 years but we never lived together more than 11 months.
Now in this case I don’t know when will i get divorce and remarry someone else, One unmarried lady from my department is ready to marry me after my divorce and also ready to live with me. so in this case my question is can I go for live in relation with her? Is it against CCS conduct rules? If yes then can I have children from this relation? Will my department take disciplinary action against both of us? What are the problems I have to face from my department in future? Please advice me.
Avinash
25 July 2011 at 00:42
Please advise me legal options or possible solution.
Let me elaborate my case,
I am an engineer by profession. We have a small family 4 my parents and younger sister. I got married nearly 6 months back. It was an arrange marriage with my parents and my full consent.
I am leaving in delhi while my family, including is leaving in Ambala. My younger sister is about to merry in 1-2 year, my father is in army and posted in Chandigarh usually came home in 1-2 week. Now only my sister, mother and wife stays at home. I usually, travel to home nearly each weekend.
As of now I have done each and every thing she asked me for her happiness. It turns out to be a drastic fault of my life. Now she is taking it granted and behaving arrogantly to my family. Even, she’s forcing me and my parents to shift with me at delhi. However, my parents had already suggested me to shift delhi after 3-4 moths of marriage. But her continual presser (even from my in-laws) making it troubled for me and my parents. Moreover, she even has changed her behavior against my parents so that they get forced to shift her with me. She has made my life a hell. Many times, I have discussed this with her but for a while she changes her behavior but later it goes away on same path.
Now, I am thinking a girl who can show such drastic behavior in this short span of time would not be a good life partner for me.
Now a days she is at my in-law home since past 1.5 month, I asked him to change her behavior and she has to stay with my parents, even I am not denying option of shifting with me but at least not now.
But I don’t see any positive result. Even, we fear from them of imposing dowry and harassment charges on us.
It’s not working out in anyway, please suggest me what proactive legal action can we take.
Anonymous
24 July 2011 at 23:33
my sister had engaged with a medical officer.he was having some affair with his colleague before engagement.now when she have got the information that he is engaged she is blackmailing him by threatening him to attempt a suicide.what kind of safety measures should he adopt if she actually attempts a suicide?
swaraj
24 July 2011 at 20:47
respected sir
my bhabi do complaint of false dowry allegation in local police station against me,my brother ,my sister(citizen of australia),and my father,after that the police registered a 498a,323,406 only arainst my father and brother , me and my sister left out ,my bhabi also published a complaint in newspaper against all of our family making allegation.
now ,my question is that
1.is MY sister which is citizen of australia or me can file a defamation case against bhabi for implement in fase dowry case,because the police not included my sister name in F.I.R
note:,my sister present in india for attend my mother cremation when my bhabi file complaint
Anonymous
24 July 2011 at 19:36
Im 41 and have teenage children living with me.My husband was a compulsive beater and sex addict.Even if he will beat me black n blue I wont get a medical done for the sake of family prestige.He had several affairs which i was unable to prove.I never thought of leaving him because of my kids and our was a love marrige.He is in Army and stopped giving me any money.my husband left me n my kids in the army house and went on a posting.I had to complain to the authorities.Awwa granted me maintenance allowance and i was forced to vacate the accommodation.Humiliated and bruised I left with my parents.Then after 2 years my husband filed for divorce on the grounds of cruelty & desertion.My complaining to his officers after taking beatings for 10 years and not-furnishing medical reports has been termed as cruelty.The case is due for final judgment in a session court.Will he get a divorce?
whom to domestic violence Application
I married about 3 years ago according to Muslim Custom.After.At the time of marriage my husband did not sign Nikahnama. After one year of marriage my in laws started demanding dowry.They beat me and force me to make relation with other male members to get child but when I refused they beat me and turned out from their house.Now I live with my partents.I filed an application in CIA Staff but CIA Staff in convience with my in laws did not take any action and closed the file.Now my mother in law filed an application in women cell khanna that she want to take me her house.I did not want to go my in law house because they will again treat me like an animal.Pls guide me what shall I do now