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Shaikh Shafiq   28 January 2025

How to secure justice for my sister facing domestic abuse?

We are a Muslim family from Maharashtra, and I am sharing my sister’s painful story. She was married in 2020 through an arranged marriage. The groom’s family seemed educated but turned out to be extremely controlling and orthodox. From the very first day, my sister faced mental and physical abuse.

Here’s what she went through:

1. No Freedom from Day One:

On the first day after her wedding, her in-laws took away her phone and sent it back to us. When she asked her husband, he told her that daughters-in-law in their house are not allowed to have phones and she should use his phone instead. To avoid arguments, my sister gave up her phone and her connection to the outside world.

2. Total Control Over Her Life:

Her in-laws controlled everything—what she wore, who she talked to, what she ate, even how and when she laughed.

3. No Respect in Her Marriage:

Her husband ignored her completely. He spent most of his time with a girl named "Gudiya," who lived with the family but wasn’t related to them. Shockingly, they even shared my sister’s bed while she was forced to sleep on the floor. He avoided talking to her and came home late at night to avoid any confrontation.

4. Her Career Dreams Crushed:

My sister is highly qualified (MA in Geography and B.Ed) and wanted to become a professor. Her husband was also a teacher before their marriage, so we thought he would support her dreams. But after marriage, she found out he had quit his job because his mother told him to. When she tried to prepare for exams like NET/SET, her sister-in-law created drama and stopped her from studying.

5. No Healthcare or Basic Dignity:

If she fell sick, she was mocked for being weak. They refused to take her to the doctor unless her condition was serious.

6. Gold and Dowry Demands:

Her in-laws constantly praised their elder daughter-in-law for bringing dowry and gold every month. They took all the gold my sister brought with her and kept it in a bank without her consent.

She silently endured this abuse for two years before finally telling us everything. We immediately filed a domestic violence case against her in-laws and husband.

Legal Strugle:

Since filing the case, her in-laws have avoided every court hearing by manipulating the police and the system. Over a year has passed, and they haven’t attended a single hearing. Meanwhile, my sister has to go to every hearing, reliving her trauma.

Even when a non-bailable warrant was issued, they managed to escape. Their lawyer even got permission for them to skip court appearances. The judge handling the case seems hesitant to take any action, leaving my sister stuck.

To make things worse, during this time, her husband secretly married another woman without my sister’s consent. While he lives happily, my sister is left to deal with endless legal battles and mental pain.

We once thought of settling the matter out of court to get her a divorce, but her in-laws refused. They want to “set an example” for other daughters-in-law, showing what happens if they speak out.

We are desperate for help. All we want is for my sister to get a divorce and move on with her life.

Questions We Need Help With:

1. How can we speed up the court process and make sure her in-laws and husband are held responsible?

2. What legal steps can we take to secure a divorce and protect her future?

3. How do we fight the manipulation of the police and courts by her in-laws?

4. Can stricter action be taken against her husband for marrying another woman without her consent?

 

Please help us.



 3 Replies

Dr. J C Vashista (Advocate )     28 January 2025

Be brief and specific for consideration of actual problem vis-a-vis query and advise.

It is appropriate and advisable to contact, consult and engage a local prudent lawyer for proper analyses of facts and necessary proceeding. 

T. Kalaiselvan, Advocate (Advocate)     28 January 2025

It is not known what case has she filed before court?

If she has given a complaint before police for dowry harassment then she need not attend court on each date of hearing, if she has filed DV case then it is only for the reliefs of protection, maintenance and return of articles, it is not punitive in nature unless the respondent violates the court order.

If she is not able to tolerate the cruelties, she can very well file a diorce case under section 2 of Dissolution of muslim marriage act.

As per Muslim personal law the makle can marry another woman during the subsistence of his marriage hence it is not an offence however she can quote that as another greound seeking divorce.

P. Venu (Advocate)     28 January 2025

Yes, there are limitations in the system; Courts are slow in reaching the truth and ensuring justice. Hence struggle is inevitable; sometimes it could be snake and ladder game. But , let us hope, persistency and righteousness wins.  However, please do not allow yoursef and your sister to be overwhelmed by alleged manipulation by the other side.


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