opinion for maintenance and guardianship

jyothsna (Querist) 22 January 2009 This query is : Resolved
Dear Sir,

My sister was married in the year 1998, while she was doing her degree second year. We gave Rs. 3 lakhs money, 10 gms of gold and plot of land as dowry. They have started quarreling from the second day of marriage itself. The main problem is with her mother-in-law only. She bared a lot with them and also left her studies in between. After two years she gave birth to a baby girl in the year 2000. As it is a baby girl, they left my sister and her daughter at my home itself. At that point of time we have gone for police help and as a result arranged for a separate residential accommodation. After one year she gave birth to a baby boy. As both children were so young we use to take care of the girl by keeping her with us. She was brought up by me and my parents. Even though they live separately my brother-in-law didn’t take much care about my sister. We used to take all household items including medicines, vegetables etc…. Whenever we go to see my sister. Due to two cesarean operations she became stout. Now my brother-in-law is mentally harassing her that she is fat and he can’t go out with her. By keeping all these she became mentally depressed and committed for suicide. We have taken her to psychiatrist for treatment and later on she was recovered. In last year her mother-in-law was attacked with cancer and she has undergone treatment in Hyderabad. My sister decided to serve her mother-in-law in her last stage and went back to their in-laws home. Even though her mother-in law is a cancer patient she is not allowing my sisyter to live peacefully. They were very cruel and they didn’t even provide good food to my sister and her children. As a result she was infected with glod bladder disease and at last we got operated and the bladder was removed. So she became very week. Even though she went back to them because of children studies. Now also they have not treated her properly. My father is working as railway station manager in tuni, Andhra Pradesh and I am working in a private company in Hyderabad. Now my parents are looking for matches for me. So, my sister’s mother-in-law was ill treating my sister to sell the land and bring money. My sister's husband and her in-laws are mentally torching and harassing for dowry. Now they are confident that no action can be taken after 10 years of marriage. As she was vexed up, she came to my parents with her children at a very bad depressed stage. Now, my sister’s sister-in-law is threatening my sister that they will take away her children from her and my brother-in-law will be re-married again.

Due to this reasons my father got heart attack and my mother also became a patient .we don’t have anybody to help us. And we wanted my sister and her children to live happily and peacefully.In such circumstances, please help us by giving a timely and good decision.

Follow Query

Report Abuse

PALNITKAR V.V. (Expert) 22 January 2009
Before going for legal remedies, first of all you should exhaust all remedies for amicable settlment. If settlement is not possible then you should go for legal remedies. Your sister has right to claim maintenance in civil law as well as under Sec. 125 Cr.P.C.for herself and the children. She can also claim separate residence.She can also go for criminal prosecution under Domestic violence Act and 498A IPC. About custody of children, it is better that she files a suit against her husband and in laws for injunction to restrain them from removing the children from her custody without taking recourse to law. She can also file suit against her husband to restrain him from remarrying. Engage some good advocate and proceed.

AEJAZ AHMED (Expert) 22 January 2009
Dear Jyothsna,

Rightly said by our learned brother Mr. Palnitkar, as the dispute in question is a Marital one, and that too at the stage after Ten year, having younger children, and bad health condition of your sister, so before to take any Legal Step, you first go for conciliation. Try to settle the dispute with the help of Family Elders,Well wishers, society Elders.

But, don't go to "Police" at First Stage, it will cause distance & break in relationships.

With concerned to Maintenance:

She can file case at any time for maintenace.

With concerned to Custody of Child &guardianship:

Don't worry, your sister is having Daughter aged about 8 year, and son aged about 6 year, if they don't want to go with their father, court can't focedly send them. Further, court can't consider custody of daughter, court shall favour mostly towards mother and for son its 7 year or more.

Lastly, if amicable settlement