Harassment by husband
Gaurav
(Querist) 27 June 2012
This query is : Resolved
Dear sir,
My sistr is 33 year old.and before 2 yrs her marriage has been done by her family with all legal cermony...but after a year his husband do'nt want to live with her and when my sistr applied divorce case den he started to refuse her and he said that he do"nt want to give Divorce and The Important thing is that he is sexually harrsing of my sistr...now a days He sleep with her nd do all nonsense thing..because of which my sistr's lyf has been tottly destroyd..please suggest what would we do ???? and her mother in law is very nice and she loves my sistr too much.bt my sistr's husband is very Cruel nature....he do'nt like to talk my sistr nd always come late in night with alcohal..
Adv.R.P.Chugh
(Expert) 27 June 2012
Dear Gaurav,
You should at once take your sister out of that abusive, violent and perverted atmosphere. Such things are bound to take a toll on your sister's physical/mental well being.
You can institute divorce on the grounds of cruelty (physcial and mental) perverted sexual fantasies cause mental agony, and are therefore ground for divorce.
And remember it is not for him to give your sister a divorce, it is for the court to do that, husband can't exercise a veto.
File for maintenance as well if your sister needs monetary assistance.
Good Luck !
M/s. Y-not legal services
(Expert) 27 June 2012
yes. right advised by my friend mr.bharat.
whether he is ready to give divorce or not. but its not issue. your sister can apply for divorce. if she proved her plea mean she can get favor decree.
but before that just take a step to find out the real problem between them. cos already your sister got married later age. now preferring divorce mean whats her next plan?
-y.not legal services-
Rajeev Kumar
(Expert) 27 June 2012
Yes rightly advised by our ld.brothers. It is not upon your sister husband whether he wants divorce or not but upon the court if it is proved the cruelty mental as well as physical caused by her husband and after satisfaction the court will grant divorce in her favor. Before taking step first enter into the root of the problem and try to sort out.
Rajeev Kumar
(Expert) 27 June 2012
Yes rightly advised by our ld.brothers. It is not upon your sister husband whether he wants divorce or not but upon the court if it is proved the cruelty mental as well as physical caused by her husband and after satisfaction the court will grant divorce in her favor. Before taking step first enter into the root of the problem and try to sort out.
Rajeev Kumar
(Expert) 27 June 2012
Yes rightly advised by our ld.brothers. It is not upon your sister husband whether he wants divorce or not but upon the court if it is proved the cruelty mental as well as physical caused by her husband and after satisfaction the court will grant divorce in her favor. Before taking step first enter into the root of the problem and try to sort out.
SAINATH DEVALLA
(Expert) 27 June 2012
Rightly said by Mr.Bharat.I would prefer to send such perverted goons to gallows immediately.The only plus point in the querist sister's side is that sshe has the support and sympathy of her motherinlaw.
Sudhir Kumar, Advocate
(Expert) 27 June 2012
Mothers of alchoholics are very nice as long as their sons are not blamed fior their behaviour. So do not remain under misunderstaindg of MIL being nice. She will not support her.
Dr G V Rao
(Expert) 28 June 2012
U should try mediation by elders and work out a solution. Its yours sister's luck that the mother in law loves her. Occasional drinking and coming home can be resolved by counselling or taking the help of the mother in law. The perverted nature of sexual behavior can also be resolved through talking with him. In this kind of situations lot of patience needs to be exercised. Divorce should be the last option since we would not know how her future would be taken care of.
Dr G V Rao
(Expert) 28 June 2012
U should try mediation by elders and work out a solution. Its yours sister's luck that the mother in law loves her. Occasional drinking and coming home can be resolved by counselling or taking the help of the mother in law. The perverted nature of sexual behavior can also be resolved through talking with him. In this kind of situations lot of patience needs to be exercised. Divorce should be the last option since we would not know how her future would be taken care of.
