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satish (officer)     28 June 2011

Divorce of no children

Dear all, my sister was married in 2004 May, in there house her mother in law started torturing my sister even for small issues and she issue to make it a big, due to this my sister and her husband was fighting every now then, slowly this fighting and misunderstanding became major issues for her.

After one year her mother in law, sister in laws started abusing her for not having children, very often she was using abusive languages and she was insulting her, due to this my sister used to come back to our house and she was telling i cannot leave there and tolerate there torture and her husband was also not cooperating with her, first time she stayed with us for almost six months, then we took her and left at house, again same thing happened after some time and again she came back and this was going on and on for six years, in mean time we were taking her to doctor and they told that there is no problem in conceiving and were giving some treatment to help to conceive and her husband was not cooperating properly at the time of treatment.

Last year in 2010 May, her mother in law abused her very badly and she came back to our house and she never returned back since then, we called her husband lot of times for discussion but he never came, now last week he has sent a lawyer notice for divorce.

They have given her a lot of mental torture for the past six years and now in simple words they are telling she cannot conceive and we don't want her. Please tell me in Indian divorce act,

1) Is there a provision for divorce for not having children?

2) After giving so much of torture now they want divorce easily, how to fight against this injustice????

3) We need to teach them a lesson and get them punished for their bad act against my sister.

please adivise how to go about



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 3 Replies

Kiran Kumar (Lawyer)     28 June 2011

if you are Hindu then the provisions of Hindu Marriage Act, 1955 will come into play in your case and not the provisions of Indian Divorce Act.

 

if the provisions for Divorce under Hindu Marriage Act, 1955 are considered then mere inability to concieve or impotency alone are not grounds for divorce.

 

your sister should give a detailed complaint with the police for the cruelty being done to her....take help of some local lawyer...if u really wish to teach them a lesson then pursue the matter strictly.

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Adv. Chandrasekhar (Advocate)     28 June 2011

Before answering your pointed questions, I give two comments: 

1.  The proper place for her mother-in-law and sister-in-law and husband is jail that too not less than 3 years.

2.  You should not force your sister to go there and live there at matrimonial home, because, in my view, to persue or force a wife to live in such pitiable, miserable and cruel conditions is also cruelty. 

Now, I anser to your questions:

1) Is there a provision for divorce for not having children?

No.  In Hindu Marriage Act, a man cannot seek divorce on the ground that his wife cannot conceive.  So, if he files divorce on that ground, his petition will be dismissed.  But, he will file divorce petition on the ground of cruelty, she has not been cooking food, not discharging the responsibilities of Hindu wife, not respecting the mother-in-law, not loving the sister-in-law and threatening to commit suicide and involve all in-laws in false criminal cases and run away to parental home without informing and stay there for years together.  These are the usual arguments put forth by the errant husbands.  Even then, do not worry, your sister will succeed and the courts have got the power to see the truth piercing the veil drawn by the errant husband.

2) After giving so much of torture now they want divorce easily, how to fight against this injustice????

You contest the case very deligently by engaging an honest and efficient advocate.

3) We need to teach them a lesson and get them punished for their bad act against my sister.

As Mr. Kiran Kumar suggested, prepare a well drafted complaint  with the assistance of an honest advocate and file it in the police station.  The complaint must contain only truth, nothing but truth.  The details of harassment with specific instances with particulars - such as date, time and place have to be mentioned very clearly in the main complaint itself.  After receiving such complaint, the police call the other party and try to conciliate.  If conciliation is not possible, then FIR under Section 498-A (and any other sections on the basis of the facts contained in complaint) will be lodged for criminal prosecution.  There, you have to follow up case with utmost sincerity, as often it is seen that husband and prosecution connive to get the case defeated.

In addition to this, you can directly file a complaint case before the metropolitan magistrate under domestic violence Act for getting maintenance, return of istridhan articles, shared household and protection orders.

Wish you best of luck.  

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(Guest)

@satish


1) Is there a provision for divorce for not having children?

 

 

2) After giving so much of torture now they want divorce easily, how to fight against this injustice????

 

3) We need to teach them a lesson and get them punished for their bad act against my sister.

please adivise how to go about


Ans 1.No.

Ans.2.So what do you want?  Maintenance file 125 case.As he neglect your sister for the last 6 years

Ans.3.File police complaint  against her motherinlaw and husband for harassment,cruealty.


If you want to teach them a lesson then you can file police complaint but it did not give any solution to your sister.

From the above situation ,the conclution is divorce as he (husband) not ready to accept wife ,he listen her mother voice (who use abusive language ),better to get divorce immediately .

You can ask maintenance if so.

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