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kuldeep (Software engg)     29 April 2014

Please help

Hi Respected Members,

My Sister had a love marriage, there are 2 children out of wed lock (10 yr Girl, 5 yr boy). Actually there marriage didnt went well since start, there were numerous quarrels, fight etc. They are living separately from her in-laws in rented accomodation in delhi.  Few time Her Husband hit my sister used abusive language in front of children. But in fear of society my Parents always send her back to her husband. My Sister tried to adjust but it didnt worked out. Now she had left her rented house and started living with us with children since last 4 months. My Dad and MOther Still force her to go back to her husband, But this time My sister doesnt want to go back at all. I am the only one who is supporting her :( but I live in different city.

Now currently landlord of the rented accomodation has to reconstruct the house, and he wanted to vacate the house asap, Landlord called my sister and asked to vacate his house and take all the goods from his home. There are household furniture and items which we have given to her, and her husband wants us to take it back. My Sister and her husband, they have not talked anythying since last 4 months, but now her husband started calling her numerouse time, when she didnt respond he started messaging her multiple time, some threatening messages also. She is very much dipressed after receiving the landlord call, her husband calls and his messages etc. 

Question:What should we do, whom to approach to take help in this case? amd

Should we go ahead and take back the house hold goods (which include everything my sister her children clothes, furniture, household items etc) as Landlord is also calling my sister to pick up all stuff and vacate his house? 

Please help and advice on action which will help us in any future legal situation. 

 



Learning

 2 Replies

Tajobsindia (Senior Partner )     29 April 2014

1.    There are two parts to your sister’s marital issues; one is what she wants out of her marriage along with future of minors which is contentious issue and second is short term issue.

2.    For the long term issue suggest seeking her opinion on fate of her marriage and then act in accordance with applicable civil marital Laws. Here chamber consultation with a seasoned local matrimonial Advocate is eventual call.

3.    For immediate issue it is suggested to go to rented premises along with male elder members from family and without escalating couples marital issues collect all her belongs including that of their minors and bring them to your home as you are currently giving her and minors shelter.

4.    However I see here, your sister has not made up her mind on long term issues concerning her marriage and what fate she plans to present to two minors and thus such short term issues may crop up conventionally which needs informed handling by elders in family as and when they arise.  

{Last reply}

kuldeep (Software engg)     01 May 2014

Thanks Very much for the reply and advice.

Just to add, My sister wanted to dispose off this marriage, as we almost done with all family/relatives councelling. My sister has already made up her mind to not to go back to her husband. 

I just wanted to know, as she is not working no source of income, if she file a any case in court, will it impact the custody of both the children. Currently she and her children are living at maternal home, only source of income there is My father's pension and I am supporting some more monetory support from my salary. Please advice on filing a case, and which case we should go with.

Appreciate your reply on my last query , thanks.


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