Koushik Basu (SO/E) 08 November 2016

Filing of divorce case from another city

Hello sir,

I need help regarding my sister who is a victim of domestic violence. I am residing in mumbai. My sister was married in kolkata in 2012. Her husband is working in a MNC in kolkata.She is quite unhappy with her marriage as her husband hardly gives her any company at home. He often drinks with his friends outside home and come late at night at about 1-2 A.M. He is a very aggressive person and whenever questioned about his late coming, he abuses her verbally and phisically. Also, he verbally abuses his in-laws in front of her.They have a 3yr. old son. Recently, during one of such confrontation, he became very violent and beaten her mercilessly in front of her son and threatens to get her out of the house.After that, he is not keeping any sort of relation with her and lives in different room. My parents are having ill health and resides with me.So, my sister has come to my residence with her son as we haven't any establishment in home town kolkata. Now, she wants separation from her husband. I want to know that if she can file for divorce from Mumbai though marriage took place in kolkata. Also, I want to know what maintenance she can get as she is not having any source of income.Please help.

- Koushik Basu

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3 Replies

(Guest)

Fcuks like you spoil marriage of your own sisters by unnecessarily interfering in her marital life. They have 3 year old kid. You should have slapped her when she came to your house door, even after knowing your situation and also your parents situation of old age and ill health. How dare she leave husband n come taking kid? You take her back n drop her to husband's place. Make compromise between them. Fights are normal between husband n wife. They are husband n wife that's y they fight. U n me will fight is it? Its normal wear n tear of married life. Filing dv case is easy but no outcome. Only advocate fees paid. Kid lose parental love forever. Roam court whole life. And your sweet sister will be headache for u only along with ur headache of maintaining old age parents and yourself. Don't mistake me. Lack of practical approach spoils marriage, rest part advocates will do. Remarriage isn't easy. Maintenance getting is very tough. Reunite them. Don't take curse of kid.

(Guest)

Yes gnanaprakash u r right.good advise

Samarpan (M)99958670740 (Free legal advice and legal aid cell) 08 November 2016

Yes. She can file cases from Mumbai. But she has to produce at least one document to prove that she has been living in Mumbai after leaving her matrimonial home. First of all find out what relief she wants. If she wants maintenance file a case under Section 125 Cr.P.C. If there is any future patch up possibilities are there, she should confine herself by just filing S. 125 cr.p.c. case. Depending upon the facts, if she wants to pursue domestic violence case, she can file that also and in that she can ask for maintenance, as well as residential rights etc. But by filing this case, there is possibility of irritrival damage of relations. If she wants divorce (separation, which is quite useless), that also she can file in Mumbai subjection proof of she is living at Mumbai at the time of filing the petition.