Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

vikky   21 February 2017

How to proceed with case

 

 

Respected and learned Advocates,

 

I seek your advice for my sister divorce case. Facts are as follows:

1. My sister 25 years old and working as staff in govt bank and her husband is working in IT . I belong to haryana and the boy from rajasthan amd both husband wife lived in noida.

2. Post marriage my sister's sister in law lived next door. The boy was a bit of psychopath and narrow minded. Marriage tok plwce in april 2015 amd girl had to live in her parents home bcz:a) she did not get transfer to noida initially amd her husband was adamant to live with his sister (who is married).

3. On every festival and other events despite having salary of 60000 the boy was always hell bemt to extract money from my sister (she had a salary of 20000) . Even she was made to pay bills for his sister household expenses despite her husband earning a good salary of 90000. My sister was able to meet her husband on weekends only till august that too when she went there otherwise her husband was least interested in spending time with his wife

4. Somehow we managed for sister's transfer to noida and later she suffered mentally and physically for next fee months. Her husband and his sister often physically abused her. Her father in law and mother in law were aware of all this,

5. By December 15, due to so much stress she sufferred a lot of hormonal problems and even became diabetic now.

6. In april , me and my parents went to their house at Rajasthan to ask the boy to behave and improve his behaviour.

7. May 2016 my sister was threatened by her husband after drinks and we have to take her back to her home.

Several times my father along with few respected members of the society approached them to stop this treatment and live happily.

 

My father spent around 40 lacs(sold some of his property) on marriage and gave a car also (which I later got to know that it was demanded by them after engagement) . This marriage was done after seeing their ad in a matrimonial megazine.

 

Last nov. After losing all hopes we filed a FIR IN  haryana with women cell , they called them for reconciliation but the husband and his father only came once amd later sent fake medical certificates of the father in law amd further did not attend the counselling session.

Later our lawyer invoked DV Section and dowry and other relevant acts and a case for maintenance has also been filed in my hometown.

On other hand , the husband side has filed a case for divorce in family court in rajasthan on charges of brutality by my sister and her character assassination was done.(despite the fact that most of the time girl lived in noida and at her parent's home and very few days in rajasthan)

Now whenever haryana police summons them they come as if they are on picnic spot. And using their influence and may be money power also now Haryana police is putting undue pressure on us to go for mutual settlement and acfept whatever 4-5lakhs they give and go for separation.

My lawyer is also not able to get something fruitful amd I see no ray of hope. My family is going through this undue trauma

My queries are as follows:

1. I am aware of the faft that contested divorce goes for 4-5 years and for mutual settlement they are not ready to give the amount anywhere near to what was spent in marriage.

2. In case if they do not want to go for mutual consent (considering the way Haryana police is favoring them and not rrady to even fix charges and file chargesheet) what is the way out to seek justice and ensure culprits are brough to justice.

3. There are photos of marriage party wherein boy and his father accepting cash and jewellary but police is still reluctant to book them and the worst part is ehen the boy and his father are sittin and cracking jokes with investigating oficer (IO). IO  is continuousky pressurising my parents to acept whatever amount they give and settle the matter.

4. Since my sister is also working and do not have a child , is there any scope for  court granting her alimony.

5. Since it will be troublesome for my sister (already under treatment) and working with a minimal salary and may be a threat also for her to travel to rajasthan for the Divorce case they have filed and what is the way out for transferring the case from rajasthan to haryana

A. The boy lives in noida amd after marriage they lived mostly in noida. Just because the marriage ws registered in rajsthan, is it just to have the case there.

 

HOPING FOR positive solutions,

 

My family has gone through lot of trauma during this period , request to please save us from this harassment

 

--

Regards,



Learning

 2 Replies


(Guest)
Originally posted by : vikky
 

 

Respected and learned Advocates,

 

I seek your advice for my sister divorce case. Facts are as follows:

1. My sister 25 years old and working as staff in govt bank and her husband is working in IT . I belong to haryana and the boy from rajasthan amd both husband wife lived in noida.

2. Post marriage my sister's sister in law lived next door. The boy was a bit of psychopath and narrow minded. Marriage tok plwce in april 2015 amd girl had to live in her parents home bcz:a) she did not get transfer to noida initially amd her husband was adamant to live with his sister (who is married).

3. On every festival and other events despite having salary of 60000 the boy was always hell bemt to extract money from my sister (she had a salary of 20000) . Even she was made to pay bills for his sister household expenses despite her husband earning a good salary of 90000. My sister was able to meet her husband on weekends only till august that too when she went there otherwise her husband was least interested in spending time with his wife

4. Somehow we managed for sister's transfer to noida and later she suffered mentally and physically for next fee months. Her husband and his sister often physically abused her. Her father in law and mother in law were aware of all this,

5. By December 15, due to so much stress she sufferred a lot of hormonal problems and even became diabetic now.

6. In april , me and my parents went to their house at Rajasthan to ask the boy to behave and improve his behaviour.

7. May 2016 my sister was threatened by her husband after drinks and we have to take her back to her home.

Several times my father along with few respected members of the society approached them to stop this treatment and live happily.

 

My father spent around 40 lacs(sold some of his property) on marriage and gave a car also (which I later got to know that it was demanded by them after engagement) . This marriage was done after seeing their ad in a matrimonial megazine.

 

Last nov. After losing all hopes we filed a FIR IN  haryana with women cell , they called them for reconciliation but the husband and his father only came once amd later sent fake medical certificates of the father in law amd further did not attend the counselling session.

Later our lawyer invoked DV Section and dowry and other relevant acts and a case for maintenance has also been filed in my hometown.

On other hand , the husband side has filed a case for divorce in family court in rajasthan on charges of brutality by my sister and her character assassination was done.(despite the fact that most of the time girl lived in noida and at her parent's home and very few days in rajasthan)

Now whenever haryana police summons them they come as if they are on picnic spot. And using their influence and may be money power also now Haryana police is putting undue pressure on us to go for mutual settlement and acfept whatever 4-5lakhs they give and go for separation.

My lawyer is also not able to get something fruitful amd I see no ray of hope. My family is going through this undue trauma

My queries are as follows:

1. I am aware of the faft that contested divorce goes for 4-5 years and for mutual settlement they are not ready to give the amount anywhere near to what was spent in marriage.

2. In case if they do not want to go for mutual consent (considering the way Haryana police is favoring them and not rrady to even fix charges and file chargesheet) what is the way out to seek justice and ensure culprits are brough to justice.

3. There are photos of marriage party wherein boy and his father accepting cash and jewellary but police is still reluctant to book them and the worst part is ehen the boy and his father are sittin and cracking jokes with investigating oficer (IO). IO  is continuousky pressurising my parents to acept whatever amount they give and settle the matter.

4. Since my sister is also working and do not have a child , is there any scope for  court granting her alimony.

5. Since it will be troublesome for my sister (already under treatment) and working with a minimal salary and may be a threat also for her to travel to rajasthan for the Divorce case they have filed and what is the way out for transferring the case from rajasthan to haryana

A. The boy lives in noida amd after marriage they lived mostly in noida. Just because the marriage ws registered in rajsthan, is it just to have the case there.

 

HOPING FOR positive solutions,

 

My family has gone through lot of trauma during this period , request to please save us from this harassment

 

--

Regards,

This is adressed to your sister.

You should not have gotten married and put your entire family in touble. Spending heavily ie 40 lacs on marriage wont prosper marriage and relationship.  I have seen thousands of cases like yours.  All have one similar trait.  ie lack of willingness to adjust.  When you see people who lived 50 years together, and have happy family potrait, lot of it goes into it, mainly ADJUSTMENT.  How much, adjustment?  Not defined. Its unlimited adjustment, this is not just for girl, but for boy also.

 

Now that you screwed your life by approaching police and then court.  What more need to be done?  Your marriage is over.  

 

If they are not giving your price, what can anyone do?  You have used all women oreiented weapons of Law.  Now no more weapons.  If you are not satisfied with price that they are offering, just spend two decades getting divorce or punishing them for taking dowry.  At the same time be ready to go to jail if you fail to prove allegations or to give dowry to the boy.

 

In all of this where is the harassment?  If you could not live with your husband properly who needs to take the blame, your brother or your family members or your husband or the lawyers or the court?

 

What I suggest is go back to husband and pacify with him, lead marital life with him.  You will be saved from roaming to courts for another 2 decades.  You will have lot of problem to search new guy as you are already 498a wife!  Dont let him go, live with him, suffer with him, make him suffer as you stay with him, life long.  For that is the essence of marriage, which is called adjustment.  If you cant do it with him, you cant do it anywhere ie second marriage or third marriage.

A walk alone (-)     22 February 2017

1)forget amount which you spend on marriage. It can't recover. If she don't want to go MCD then she can fight divorce case on her merits. As long she want to fight she can but it's only wastage of her time . 2) there is no justice in such cases without having medical or other solid evidence. If you have no evidence then Your family has taken a worst decision of filing case. Only filing any case is not sufficient. You should also have evidence in support of your case. Without evidence 98% chance that they will be acquitted.3) filing any case in family matter is only wastage of money. From IO to both side lawyer takes money from both parties . 4) as she is a working lady she will not get maintenance 5) SC has power to transfer case from one state to other state. Best way instead of wasting time and money in court your sister should go MCD and take whatever amount they are ready to pay. As cases move forward, boy side also has to spend money on lawyers and their willingness to pay will keep reducing

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register