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rahul (Employee)     07 June 2012

Marriage,divorce and custody

 

Hi..Can anybody help me out on the below issue.

My sister got married in 2007.You can say marriage was love+arrange.My Brother in law's father is expired before his marriage and his mother is not staying with him due to there personal issues since some years before the marriage.They have 6months old kid.He is a central govt employee.

After marriage with-in seven days my sister got beaten badly by her husband just for the reason she wanted to go to visit her father&mother.My Brother in law did emotinal black mail (by putting hot iron on his hand) and giving promise that he will not do this again so that my sister should not say to anybody. (No complaint has been registered)

Also after few months later he caught red hand by Major in case of picking the mobile phone. (No complaint has been registered)

After few months my sister got some unknown contact number in there duty locker when she went to visit my brother in law's office.When she asked about that he tried to hide truth saying i don't know.But when my sister further invistigated she came to know that number is one of  college girl and they have friendship*.When my sister meet and asked that girl @ there friendship in absense of my brother in law that time she told she was not knew he (Brother in Law) is married and my brother in law also has not told that he is married and my brother in law only insisted for friendship.When she ask some question about this friendship to my Brother in law seprately the answer which my brother in law was giving was not matching with the answer of that girl and he was saying i don't know any girl with that name. When my sister along with that girl meet my brother in law face to face that time my brother in law accepted the truth that he was saying lie to both my sister and that girl.After getting caught witn this incident my brother in law again beatan badly to my sister. (Complaint is register in police station.In police station warning has given to my brother in law.At the moment we don't have the copy of complaint with us it got missplaced).

One recent incident happen my sister got one of girls ATM card in the purse of my brother in law.When she asked about it my brother in law initially he said that he meet this girl in bank and in first meet that girl has giving her card to them to take ATM PIN from bank after some time they told that this is there friends girl friend card.When i asked them give me your friends number then he was saying that this is his personal issue and no one should ask anything about it .He was saying why my sister why she has touched to his purse without asking him. He got angry and he said i will see you and tried to hurt my sister.When we invistigated and log a complaint about this in police station my brother in law accepted that girl is there friend. (We have the complaint ).

After every incident we have tried to tell them politely this is not good thing and everytime we expected from them that these things will not getting repeated but everytime something new is coming out.(Lie).Everytime changes are temporary.

His saying is my sister should not ask where he is staying,with whom he is staying,what he is doing and only she should follow him as he is.He will not lift the calls of my sister.Whatever she will say he will take/do always reverse way.

His approch is like whatever will happen to my sister he do not have any care he only have interseted towards his son.

Please guide us what to do? We are very much concerned about the safety of my sister and growth of her son.

How to take the legal action against which IP? What will be effect?  What impact/effect will happen on custody of her son?

 



 1 Replies

Adv. Chandrasekhar (Advocate)     07 June 2012

If she wants divorce, she can file divorce petition undeer the ground cruelty and adultery.  If she does not want divorce, but wants protection from physical and mental harassment, she can file domestic violence case and there she can seek maintenance, residential share, custody of child etc. If she wants to take revenge for his physical beatings, she can file section 498-A case and after filing of this case, there will be no turn back.


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