498a - dowry demand and harassment by husband and in laws
(Querist) 05 October 2017
This query is : Resolved
we had applied for 498 a against my bro in law and their parents due to cruelty and mistreatment towards my sister.
During police counselling - He agreed all the valid conditions and promised to treat my sister good. later when case has been moved to lokadalath judgement, he started creating same issues again.
His demands were meaning less and still irresponsible such as my sister should stop talking to her family members, he will not have to do the same with his parents, he will reach late - no one should object. - where my sisters only demand is treat her like at least human being.
we went to Ladies court and applied domestic violence case as well. both cases were in progress. As their response seems to be not good even after these many cases, we want to move further.
now, confused - few people are asking us to apply for Maintenance case and proceed so that they will pay attention and conclude their opinion. other people are asking us not to apply for maintenance, since it is kind of my sisters disinterest and letting know court that she need divorce - which we don't want.
other party is just seeking for divorce without any justice to my sister and we are getting threatening calls from them. Problem is they are going by lawyers advice and we are still fighting alone.
is it recommended to go with lawyer and maintenance case?
is maintenance case means we are interested in divorce?
we want either her husband should agree and treat her as his wife (or) they should get punish and she should get compensated as she is having a 1 year kid.
(Expert) 06 October 2017
if your sister is living with you people (with her parents) she can file for maintenance case against her husband for her and for the kid IF she is not highly qualified or not in gainful employment.Applying for maintenance doesn't necessarily mean applying for divorce. Meanwhile try for mediation involving elders of both sides. Tell to file a case of Restitution of conjugal rights. If that is granted if her husband refuses to honor the judgment and decree of court of RCR she can file for divorce.Fight DV and 498 A cases to their logical conclusion. and see that her husband and in laws are adequately punished producing all the evidence on your side and resulting in conviction.If still they don't come round divorce is the only way out and if her husband agrees go for Mutual consent divorce which will be disposed of within 6 months.You engage a trustworthy and expert Family lawyer to fight maintenance and DV and other cases of your sister against her husband. and go by his advice.
Vijay Raj Mahajan
(Expert) 06 October 2017
On the onset let me tell, this is a fail marriage and after whatever has been done in the court or before various authorities, this man will not keep the wife and the child with him, so best course without wasting time is to go for divorce by mutual consent. Yes as the financial responsibility of the minor child is there along with the wife, there has to be a settlement of Permanent alimony and maintenance that will serve the financial compensation you seek from him. The on going if any DV case or maintenance case etc. will be just wasting time and money, better settle down with him as suggested by me here otherwise even after years of litigation the lady will be standing in square one where she is standing now. My 34 years experience in such matrimonial/divorce cases is good enough for you to tell you all this.
(Querist) 07 October 2017
Thanks all for your precious advises. We are approaching an expert lawyer and proceeding with all the cases against him.
It is bitter truth that still, he is not willing to take any responsibility and their family blindly supports him just for extra dowry. Our worry is if he is like this he will never get responsibility and no future for my sister and her boy as well.
anyways we have no negatives from our end he even committed in front of police that my sister is good and only issue with compatibility with their parents.
he is not ready to leave their parents for money support and their parents are not ready to accept my sister as she is not getting extra dowry. so he is not coming to any of the calls from women court.
we will follow the law and will have trust on god
Rajendra K Goyal
(Expert) 07 October 2017
Time is great healer, hope time would make him feel responsibilities.
Your sister can file case for maintenance meanwhile.
(Expert) 09 October 2017
In case it is tried, tested by wife herself, elders of the family, trained legal minds on your side, seasoned persons that it is futile to go ahead to spend life with the habitual, chronic, abuser then it is your final call. If as per you and others with you that have 1st and best access to facts of the matter, separation can end the torment of spouse then, why to waste more years of youth. MCD is best recourse.
(Expert) 09 October 2017
If they are already staying separately for more than 18 months then sit for the final time and discuss everything that you have in mind; maintenance/permanent alimony/custody of child etc finalize the T&C.
On your application the court may waive off 6 months cooling period. Approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful record and spend quality time with your counsel. Complete the procedure and move ahead in life. You can benefit from the detailed advices posted for you.