Originally posted by : Adv. chandrasekhar
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 I support your line of thinking instead of your parental thinking. In our society, including the judiciary, an approach is adopted to protect the institution of marriage even at the cost of repeated, continuous and inhuman physical abuse perpetrated against the wife by her husband. The continuous preaching to the wife to tolerate all such abuses by the natal family may be due to the economic, social, family and culturlal conditions in which the wife's natal family is living. This forcefully sending the battered wife to the cruel husband is not a rare phenomenon in our country and in and every Section 304-B (dowry death) convicted cases, you can note that the severe battering happened prior to the unfortunate death of the wife. So, I agree with your decision in your sister's case, going for divorce is far better than sending your sister to her husband in the name of 'protecting the sanctity and institution of marriage'. Legal part is concerned - he filed Section 9 (RCR) case to put blame on the wife that she voluntarily has withdrawn from marital obligations only to evade the maintenance liability. So, your sister has to contest Ssection 9 case filed by him on the ground that she has withdrawn his society for the reason of continuous physical abuse she received from her husband's hand. In this case itself, she can counter claim seeking divorce on the ground of cruelty. In this very case, she can also move an application under Section 24 for interim maintenance for herself and the child. But this maintenance will be applicable only till the case is before the court. Once the case is decided either way, the interim maintenance will automatically stop. So, to get maintenance permanently she can file an independent Section 125 Cr.P.C. case for maintenance to herself and the child, which will be provided to her till she remarries.
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Dear Adv. Chandrasekhar , A nice elaboration given on Women CONDITIONS.......
But you have missed to Add Male in the sentences which is highlighted. Because the condition which you have written in green highlighted sentences that should be written for both male and Female because suffering in marriage life is not only for females but also the similar condition of males.
So, when you generalize the topic of suffering then do put the similar conditions of both male and female. In today's world only female is not suffering as the statistical data has crossed it's limits which shows that in India the suicidal cases of male has emerged at alarming rate and it's main cause is due to marital disputes,Financial disputes and yes some where societical disputes.
So, My dear Advocate don't become only a 498a Lawyer or DVA lawyer or Maintenance Lawyer........
Do come out of from this and be A neutral Lawyer who is made to protect the law without caste,creed,colour or s*x.
