Abhishek (Manager) 10 May 2012

Harassment from husband

Dear Sir,

This is regarding my sister, who was married abt 10 years back and has one daughter of 5 years.Her husband is not doing any thing now and he used to drint and beat my sis. Her Inlaws also started abusing and beating her up. So before one year my sisiters husband told her to leave the house and we brought her to our house.

Now they are not ready to take her back, Many time we requeste them to sit and sicuss, but they are not ready. Is it possible that my sister can file a case in Women cell agaisnt her husband? If she wants to get maintance charges from her husband, will she be able to get that, since her daughter is going to school and she has to pay for her fees and other expenditures.

Please advise.

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6 Replies

Adv Archana Deshmukh (Practicing Advocate) 10 May 2012

File a petition under the Domestic Violence Act and she can seek right to reside in her matrimonial home she can also seek maintainance for herself and her kids.

Vishwa (translator) 10 May 2012

Take all legal steps to protect your sister, as Archana ji has pointed out. Uou can get sound advice in this forum. We are respnsible persons and we do not tolerate ill treatment of women.

Best wishes

Vishwa

rajiv_lodha (zz) 10 May 2012

Yes, legal remedies are plenty for you, but my personal call is:

Take some elders in between from both sides to resolve the matter amicaly rather then blowing legal -biugel

Amit (NA) 11 May 2012

I am no expert in law or marriages but this one caught my attention.

You say they are married for 10yrs and you also say the husband "is not doing anything now". Does it mean he was working so far and suddenly he stopped working and started drinking and beating his wife?
If so, something's fishy here.

Has there been any problems lately? Is the husband having some other issues outside which he's unable to solve and venting his anger on his wife? Has the wife done something to get her husband and in-laws angry?

But whatever make sure the wife and daughter are physically safe from the husband and know the reasons for his strange behavior after 10yrs of marriage.

Going to court means divorce, period. If you have decided to separate then talk to him coolly saying so. May be he also wants that or may be he'll regret and offer to live with her.

bhima balla (none) 11 May 2012

I agree with Vishwa. Nobody should tolerate ill treatment man or woman.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 11 May 2012

Dear Abhisek

if your sister is willing to live with him after this incident or this type of the behaviour. no one can do any thing but if she is not willing to live with him, you should filed a criminal case under section 498A, 406 IPC and file a cmplaint u/s 12, 17, 18, 20, 22, 23 Domestic Violence Act,2005, also file a maintenace petition before the court u/s 125 Cr. PC.

feel free to call