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INDRANIL BANERJEE (Company Secretary)     06 June 2013

Matrimonial issue

My elder sister got married in 1993 and shifted to Kolkata from Asansol which is 200 kms away. In 1996 she gave birth to a daughter. Initially they used to live with her 3 Brother-in-laws and mother-in-law. But after marriage of the 2 younger brother-in-laws, they have separated. Her husband always used to mentally abuse her in front of everyone. Her in-laws also support the same but in such a way that my sister doesn’t feel the same and she thought they are in her side. But gradually the matter complicated and then her mother shifted with one of the brother-in-law. The Elder brother-in-law was staying with them. But one day the elder brother-in-law (unmarried) abused her in very slang language and my sister threaten to file police complain, and then the elder brother-in-law shifted to a place which is near to the other brother-in-laws. Since then my sister living with his husband along with her daughter in that place. But after this situation her husband started all sorts of problem and stop providing various items for living a normal life except for basic needs (like, rice, oil, and mini foods and seldom provided cloths). (He is a qualified lawyer also). Her daughter was born in 1996 and she is now 16 years old. She has seen all the violence since her childhood. She has recently qualified 10+ exam and got admitted in a school in class XI for which her father has paid the Admission fees but refused to pay the tuition fees and expenses for books and other requirements. Since, today morning, they don’t have LPG cylinders or alternative to cook their food and when asked him to bring the same he bluntly refused with slang language and said he will not pay any single money for them.

She can go for divorce or file suite u/s 498A and 125C of CrP.C. but she tried to adjust and in view of the 10+ standard exam for her daughter she did not opt for the same. Further my parents (father 74+ with bypass surgery recently and mother 68+) were living at Asansol and myself along with my family staying at Kolkata. But in 2010, we sold our house at Asansol and my parents started to reside with me. But after 2 years they have separated from us and living in a rented house nearby. My parents also booked a single bedroom flat nearby which is yet to be delivered. Now if my sister wants to live separately she can stay there along with her daughter. My sister does not work and 45 years old and she also does not earn anything for his and her daughter livelihood.

For the last few years the torture has been tremendous but she dealt with that only because she don’t have a place to go. But now she can stay with my parents. Her husband don’t talk with them and did not provide adequate cover for the bathroom and the area is so bad that they feel very scared or uncomfortable to live there.  Whenever, they need anything, if they ask him, they are replied with very slang language irrespective of her child or wife. Now, he has said he will not provide anything to them even the basic needs and started doing that only. My sister has already filed 2 police complains before but dared to take any step. Her husband work in water resource department of the Govt. of W.B. earn sufficient income to run the family. He also bought a 2 bedroom flat in Kolkata but never allowed my sister or her daughter to go there or reside. The said flat is being used by his elder brother-in-law. We don’t know in whose name the same has been bought.

In view of the above scenario, what steps we should take and how I can save my sister and her daughter and how they can run their livelihood? Will they get any money from his as settlement or to run their cost? I am in a very bad shape and confused what steps to take. Kindly guide.



Learning

 4 Replies


(Guest)

@Querist,

 

Option/s which may be exercised-

 

1.MCD

 

2.Judicial Separation

 

3.Maintenance along with option 1 or option 2

 

Options which should not be excercised at this time

 

1.Filing cases under PWDVA 2005.

 

2.Filing cases under section 498-A,IPC 406 etc.

 

Options which may be tried

 

1.Engage elders to mediate.

 

2.Try to convince the husband with cordial talk.

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

INDRANIL BANERJEE (Company Secretary)     07 June 2013

What is this Act (PWDVA 2005). Why cant we go for 498A & 406 of IPC. what restrictions. What r the chances they will get their rights and can live a peaceful life. We have tried the following two options you suggested but failed: 1.Engage elders to mediate. 2.Try to convince the husband with cordial talk. Thanks, Regards,

(Guest)
Originally posted by : INDRANIL BANERJEE

What is this Act (PWDVA 2005).

 

Its Domestic Violence act, under this your sister can cliaim, rent and also ask for residence.



Why cant we go for 498A & 406 of IPC. what restrictions.


498a and 406 IPC are one way route.  Even if he has tortured your sister or not, the moment you file such a case aginst your sister's husband, their marriage will be over.

 

What r the chances they will get their rights and can live a peaceful life.
Mediation is the only way out.  And you can approach this person in person along with your sister and her kid, and try and find solutions to the problems.

If you listen to some lawyer and file 498a, its better to forget that person, and look for someone else.  

If things do not work out.  Its better to file for MCD, claim lumpsum money as maintenance for welfare of your sister and child, God forbid, if you file for MCD and if your sisters husband contests it, then it will take a lot of time to get divorce.


We have tried the following two options you suggested but failed:

1.Engage elders to mediate.
2.Try to convince the husband with cordial talk.
Try one more time.

Thanks,

Regards,
 

..................................

INDRANIL BANERJEE (Company Secretary)     07 June 2013

Thanks for your valuable suggestion.


My Sister wants to end the marrige and decided to live with my parents along with her daughter.

Her husband will definitely contest since She will ask for money which he dont want to pay a single penny.

he is also not ready for any MCD and dont talk with my parents or me.

 

I am very distressed and wants speedy trial of the issue and my sister should get claim and live with her daughter. Her daughter is also interested for the MCD since her father dont look after her and dont talk with her also.

If she gets divorce and money to settle herself alone with her daughter, then it will be the best solution, because this what she wants now and dont want live in that house and with that person for a single second.

 

Pleas eguide.

 

Thanks & Regards


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