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(Querist)
29 May 2009

hello
My sister is in great trouble.My sister got married one year back.It was a intercast love marriage.She is on a reputed post earning good salary but her mother in law transfers her salary every month in her account.overburdenns her for household work and doesnt let her sleep more than 3 hours.she has already got hospitalised once due to mental torture on part of her mother in law behaviour.Her husband doesnt support her at all.Even her mother in law doesnt let her come to her parents home.They had taken lot of dowry but all was taken by her mother in law and does not let her use a single thing.There is no physical torture but immense mental torture.

What we are afraid of is that if we take her back she (mother in law) is such lady that she can even put an allegation later about my sis has stolen all the money and gone.

What is the remedies and what should we do?Please help




Guest (Expert)
29 May 2009

File a case under Protectionn of Women from Domestic Violence Act in the Court of Metropolitan Magistrate. Your main grievance is against the mother-in-law and this Act will not give any scope of complaint against any female member of the husband's family. To cross over this hurdle, the complaint has to be made in such a way that all the cruelties (Physical as well as mental) (providing 3 hours sleep is not just mental cruelty but also physical cruelty) met by your sister shall come in the complaint and at the same time, take appropriate care that the accused is not any female member. In this case, you can ask restraint order against any physical and mental torture, residential orders (to stay in the same house, but with clear demarcation for your sister's exclusive usage)and monetary relief (I think it is not needed in your case)etc.

You may also file case under Section 498-A, but I will not recommend that for different reasons.

After all, all these efforts are to bring out the husband from the spell of his mother, so that husband and wife can live happily thereafter. If it is not possible, then the ultimate course of action is divorce.

armaan (Querist)
29 May 2009

sir
actually her husband has very cleverly played the game and is still playing the same.He just keeps quiet when all the wrong is happening with her.their family consiosts of only husband,her sister and her mother.

What to do right now as she still is being abused there and we areafraid that they will start physical torture anytime.and please tell how can we immediately take her now as they might put an allegation of stealing etc.should we place complaint in police station and then go to take her.

sir please help i will be highly obliged to u.

Uma parameswaran (Expert)
29 May 2009


You can file a case under domestic violence act and if all the allegations are true then you no need to hesitate to file 498a and this type of Mother-in -laws and husbands deserves it. Try to save your sister immediately and take her to a counsellor.

armaan (Querist)
29 May 2009

How should we take her now?take some police officer in confidence so that later they cannot say later that she ran stealing money etc.should we do some paper work now or not?

We donot want to let them now that we have done some legal proceedings till the time she comes to our home as if they will get to know they can do anything.


RAKHI BUDHIRAJA ADVOCATEOnline (Expert)
29 May 2009

Dear Armaan,
first of all tell me when ur sister got hospitalized due to mental torture then whether the doctors had issued any document in that regard or not? I want to talk u in person on this crucial matter. U can do call me at my cell no. -09871158578/09711364956

adv. rajeev ( rajoo )Online (Expert)
29 May 2009

All the learned members have advised you rightly.

Uma parameswaran (Expert)
29 May 2009

Before going for any legal action analyze the situation deeply. Because legal actions will increase the gap between the relation and it will end in divorce some times. Leave the fear about allegations. Bring your sister to your home and take her to a family counselor. She needs mental courage to face the situation. Then with the help of elders talk with in-laws. If there are not ready for a compromise then take the matter before the court. You can give police complaint after consult with an Advocate from your area. You can search Advocates from this site itself.

Debasish Hota (Expert)
30 May 2009

Armaan,
I agree with the both the openion of Uma. After consulting your sister, if she desires proceed with Sec 498A of IPC.

SANJAY DIXIT (Expert)
30 May 2009

I agree with the views made by Uma mam.
Think about all aspects before taking legal actions.
You may very well take help of the local police for taking your sister back, you may make a complaint in this regard.

armaan (Querist)
30 May 2009

Thank you to all of you for your advises.I will surely keep all this in mind.

I think first i have to take my sister in confidence that she has no need to be afraid.As in these type of situations and particularly in love marriages girls keep on feeling guilt that it was their decision and hence doesnt feel free to come to their parent's home and the same is the situation in my sister's case.

After having suffered so much she is not ready to take a bold step and due to lack of meeting we are not being able to convince her.

Thus in this type of situation before going out for all legal actions as you have recommended and as uma mam has recommended that we should first analyse the situation.

Thank to all of you for your support and advises.

B.B.R.Goud. (Expert)
01 June 2009

i do agree with the learned friends.

you need to file a case under Sec 498A, of IPC and Sec 3 of Domestic Violence Act.

armaan (Querist)
03 June 2009

please tell me are these grounds strong to get a divorce.Many ppl are saying that on such grounds nothing can be proved and isnt valid reason for divorce.

We do not want to file case against anybody just want that my sister returns safely.

What is information petition.Someone suggested that we can submit information petition in police station and they will not investigate but we will have the proof that we had already informed the police.

PLease answer

Shashwat ShuklaOnline (Expert)
05 June 2009

Dear Armaan,
All the ld. friends suggests you perfectly.
It is my opinion that first you do consult with your parents and your sis 's matrimonial house and find out the reasons that why they tortured your sis and further what they want to do. if you and your parents decided that there is no possibility to meet out relationship with your sis in laws house then again ask her sis (in laws)that what they want and if they are ready to take divorce from your sis then you shall suggest for taking divorce under Section 13-B of Hindu Marriage Act (Divorce from mutual consent)and before filing joint petition you will have to clarify the amount which you have given to her in laws at the time of marriage.



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