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Neha Nirmal (Student)     05 June 2014

Domestic violence

hi ter, ve been married for 3 years now.my hsbd is very supportive in all terms.my in-laws r against me. sil has left her hsbd & settled with us now. she started to brain-wash my mil and fil against me in all aspects,all the 3 r against me,always abusing,calling me names & mentally torturing.tey even tried hurting me physically.what case can i file in tis situation? can i file for my sil leave our home?pls suggest helpful to proceed further.


Learning

 4 Replies

Ranee....... (NA)     05 June 2014

Sis in las hs equal right as yr hubby hs. If you hubby is supportive then let him talk to them and find a solution.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     06 June 2014

You can insist your husband not to involve them in your family matters. You have to guide your husband as a part of duties as  house wife.Treat your guests as god & goddesses. If they torture you, tell your husband and try to find out amicable solution. If it is beyond your hands, you can give police complaint. 


(Guest)

I am married with my wife on 2008 March. Wife had a conjugal life of hardly 3 months with me, sometime in my native and for 1 month with me, left matrimonial house in 2009. Although my native place is in Raiganj, i live in Kolkata. She and her parents use to abuse me althrough-out. My father expired on April'2012. Earlier father has filed general diary against my wife, her parents on 2010  with local police station and again reported the same on 2011 giving all the details that she does not live with me, not returned bacl and I stay far away from kolkata. Wife filed dVA and maintanance case against me on May'2012. Lower district court send notice to me along with my widow mother and my brother. during june'12. My widow mother accepted her but denied to take notice addressed to me and my brother as a reason that she is not in contact with her children. I have not received/accepted court notice/summons till date although a letter basis court ex-parte judgement on monthly maintanance of 20K and arranging her to stay in my native house was shared to me via protection officer on July 2013. I handed the same to local lawyer. Now court has ordered warrant against me whose executing order is still pending. My wife  with help of protection officer brought police along with protection officer, broke lock and keys of my native home last week where nobody stayed. Wife started living along with her mother regularly. 

Local lawyers told me that there is nothing to worry as because summons/notice were not sent to me through proper channels. Pasting in my residential place, court did not accept the same. No publication in newspaper as well. Although a court record exists that they have sent the same to my kolkata adrress. But I did not acknowldege the same at any stage nor did I recieve.

Local Lawyer has done a RTI to get top of it as how the summons were served

 

Particulars of Information:-

a) To which address the summary of Mr. Suman Ghosh S/O Late Suprabhat Ghosh the O.P No 1 of case no CR 292/2012 of Ld Addl J.M Raiganj was sent by the protection officer?
b) By which process the summons were sent?
c) Whether any summon/notice was sent to the address of working place of the O.P No1 Mr. Suman Ghosh of case no C.R.292/12 by the protection officer before 18-12-2012? If so by what mode?
d) Whether any summon or notice of case no C.R 292/12 was served upon O.P Suman Ghosh S/O Late Suprabhat Ghosh personally?
e) Was there any impediment/objection to serve the summon on him personally? If so what was the reason?

Kindly let me know what may be the outcome and how many days does it take to get informations on RTI.

 

I shall be waiting for expert input on the same.

Regards

Suman

 


 

T. Kalaiselvan, Advocate (Advocate)     10 June 2014

@Nehashekar: What you have stated in your query is just a common thing happening in every household, especially when the third person (your sil) has come to stay in your house as a permanent member, suspicions of her involvement in the petty and sundry domestic quarrels will be more though she would not have actually involved in any of the issue. Even the persisting routine behavior of mil and fil might cast aspersions. Thus mere apprehensions without confirmation will lead to aggravate the problems and complicate even simpler issues.  If you cannot endure or tolerate, you can very well ask your husband to set up a nuclear family instead of trying to seek legal solutions on god for nothing issues.  You have stated that your husband is affectionate and caring, then thank God for what is blessed for you and take wise decisions.


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