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Vaibhav Vaibhav (Media Marketing Manager)     23 September 2016

I want to take an advice by our respected advisors about my

 

My friend's sister want a divorece. She is 24 years old and got married to a person of their cast (Buddha Mahar) 10 months ago. That person was having a treatment of some mental illness issues which was never told to the sister. Before marriage she was told by people who has arranged her marriage that the boy is persuing an engineering degree and having a job in Tata Motors where he is getting 17k to 18k salary. After marriage she came to know that the boy was no more working with Tata Motors. He was working in a mall where he was getting just 7k salary per month. When she used to ask about this cheating she got beaten by her husband. Later one day she heard her mother in law was talking with her relative about her son's treatment. After that sister left her husband's house. Now it is been 4 months she is seperated from her husband. None of them has filed any kind of case against each other yet. Her husband is frequently asking her to come back home but she do not want to go there. Her husband left a job couple of months ago before she left the house. Sister was fullfilling house requirments as she is doing a job. Now the problem is the other party do not want a divorce and frequently asking sister come home back. People who has arranged her marriage are blaming sister though they are actually her relatives like Aunty & Uncle. Please guide us.



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 3 Replies

A walk alone (-)     24 September 2016

As you say they abuse her your sister can file DV. After one year of her marriage she can file divorce on cruelty basis. Your sister can also file 420 on them. Once matter moves in court it would only settle with MCD

whatnot   25 September 2016

It is too short period and though incidences of voilence exists , it is not advised to go total criminal route and file all kinds of cases.

 

Case will drag on and accusation will fly on both ends.

 

Let her file a complaint with police and say it is difficult to stay under one roof and will move to judicial separation.

 

Let her file a maintainance case as of now Crpc 125 should suffice.

 

In counter they will file RCR. Let her fight this on merit and if she win both cases (125 and RCR declined) then she can walk out in a year.

 

All other ways will lengthen process and there won't justice served.

Vaibhav Vaibhav (Media Marketing Manager)     26 September 2016

Thank you very much. I appreciate your kind help sir. This will help us alot.

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