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nishika   10 October 2017

Advice on handling domestic violence

Respected Sir, My sister got married 2 years and there is a constant fight between her husband and herself from 2 years. He has been beating and abusing her a lot recently. There was a NCR filled against him in the local police station. But now my brother in law doesn't want to stay with her as she had filed NCR. He always threatens my sister of spoiling our lives if she doesnt file for divorce. But my sister doesnt want to give divorce because she still like him. He tells her that he will take my safety measures to get rid of her. We are not sure what safety measure he is speaking here. please advice on how to go on. They do not have kids.


 5 Replies

Vijay Raj Mahajan (Advocate)     10 October 2017

Living with an unwilling spouse is not advisable. Divorce by mutual consent after settling terms and conditions of permanent alimony and maintenance etc is best solution for peaceful settlement of marital dispute. What husband can do in such case is engage a lawyer for filling divorce petition in the family court and in defence the wife will engage lawyer to defend the divorce case and file cases for maintenance, domestic violence and cruelty/dowry demand. End result after 3-5 years of litigation, settlement done by both in a mediation and conciliation centre of any court for divorce by mutual consent on payment of permanent alimony and maintenance to wife and withdrawal of all criminal charges and cases by her against the husband and other relatives. So if that has to be done after so many years, why wait and waste precious time of your life. If still some stupid lawyer attracts you with stars of heaven please go ahead he/she may be your best well wisher but just filling his/her pocket.

manoj   10 October 2017

As per your query your sister is interested to lead life with her husband, before my explanation to your query I want to take you back past as long years ago, the words spoken by ABRAHAM LINCOLN that how a Lawyer can be effective in dealing with the mediation. The above words are taken form in the present Scenario in the form of mediation. I want to say is that mediation is the effective way for your remedy. It will focuses on consensual process. This method of dispute resolution not only save time but also estranged relationships from litigation.  The mediation is helpful in family disputes because of nature of family law. In family law not only involved facts and laws but it is involved feelings. So I want to advise you is better go for mediation for lead your sister life with his husband. Through mediation number of issues was solved and please go for mediation to lead your sister life and try to make attempts with elders and if possible with engaging good advocates to solve the issue.





Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     10 October 2017

The Apex Court on Friday (22nd Feb 2013) issued directions to all courts dealing with matrimonial disputes to settle all matrimonial disputes at first instance through the process of Mediation. The Supreme Court directed Family Courts and Criminal courts to refer parties to Mediation Centres to settle disputes through settlement under mediation. Mediation is an alternative process of resolution of disputes by trained mediators.

Adv Radhika Mehta (Advocate)     10 October 2017

Since your sister wants to save the marriage, you need to go to the root of the matter and face the issue on account of which her husband has developed such a strong dislike for her.  This is where the family members come in.  They can also be sent to marriage counselling. These will only work, however, if there is any hope or desire left in your sister's husbands' heart for the marriage.  If not, no matter what your sister does, she cannot force him to stay with her.  In such a scenario, as rightly advised hereinabove, the best option will be to opt for a MCD.  

Anamika Vichare (Practising Lawyer)     11 October 2017

If your sister really loves her husband despite his being cruel to her, then do not file NCR withdrawit


Let her  win him by her love and not by police action


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