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DB (Other)     28 August 2015

My sister does not want divorce, husband want to separate

My sister's husband do not want to live with her. He put his views immediately after 4 days of marriage to my sister without any reason (keep on saying till today, that their thinking do not match). My sister did not disclose this to us. Her in-laws keep insisting that his son is not happy with the treatment they receive during the marriage ceremony (though it was very much ignorable) hence behaving like this, soon everything will settle down. However they (even their youngest son) also keep her harassing occasionally on minor dispute during ceremony. My sister is good looking and well behaved. My sister keep trying as they advise. They also insisted her not to discuss anything with us. They did not allow her to come our house though only 5 km apart. After too much of request, they allow her came after 1 year, only to get her back after 1.3 years, when they consult a lawyer (we came to know about this much later). They tried honestly to put her with their Son at Delhi where he is working, but they shunned her from using her ornament possibly feared she would put this with us. At Delhi from 1st day he tried to portray my sister as if she is not good fit for him. Also keep on fabricating stories as if he has relationship with his colleague. After 5 months both family sits together at Delhi and decide to separate for a period till her husband do not feel value for her. her husband meet with a fatal accident in month 4 of my sister's stay at Delhi. His right hand is only 25% functioning. Still, this time everybody from his in laws side were cursing him for his rude and arrogant behavior of not living with her. We all tried to move on and leave his ego, but all goes in vain. Her in laws were behaving good, but with no feeling involved, though keeping a fair distance with our family. They (including his friends) also keep telling that my sister has shown great commitment and respect for their family. This is their Son who has created all this situation which is putting both families in a no man's land. We ask for maintenance till the separation period, as going back to home town was not a good choice because of various social issues involved. Also I wanted my sister to learn new skills and rediscover her lost confidence. I suggest to get all these arrangement through court, as we lost faith in their words. But very next day her husband approached me and get me convince that he will do everything for my sister except to live with her. He also insisted to change ownership of his land valued Rs 10 lakh at Ghaziabad which I refused. My goal was not to earn money, we have enough. Hence I asked for only 10,000/- for maintenance, which he agreed after hard negotiations. After 7 months now he is saying he is not able to pay anything till he could not recover from his accident completely. He is still in same job with around 35000/- in hand. Her in laws at home town did not call my sister since they return from Delhi. They also said once that they have abandon their Son, then they do not know my sister anymore. They do not give her jewellery till now. We are in dilemma what to do next. My sister want to live with her. Her husband do not want to live with her. We want maintenance to safeguard her self respect and to avoid a feeling that she might develop as if she is a liability to us even after marriage. She is educated (Simple, graduation with Arts) but not able to get good job in Delhi because of her poor command over English language. She do not want to remarry. Her husband is not in a position to provide any maintenance and also do not want to live with my sister. He claimed of no communication with his parents. Though got to know from his friends that his mother went through major operation. We are not able to understand why he refused to live with my sister, she is good looking, well behaved (though could not maintain in last 2 months of her stay). Marriage was not fixed in hurry it took both the family around 1.7 months. Though Boy did not meet my sister even after both families insisted for the same before marriage. My sister is little taller than boy, he was aware of this fact also. There is only gap of 2 years. Boy 31 (born 1984) and my sister 29 (born 1986) We are ready to delete all bad memories if he agrees to live with her. Other possibility, if same situation continue and we fail to get maintenance we fear a feeling of being cheated. Her in laws has mentally harassed her very badly and treated her like a object. They used abusive language for my father and other family members, in first 1 year of stay at their home. Now they are behaving like ideal in laws of Ekta Kapoor TV Serial. ONE GOOD point though, they NEVER tortures my sister physically. Our objective is to get my sister financial freedom up to reasonable and legally acceptable level only. At the same time, we do not want to let her in laws go (we are ready to forget every bad memories only if her husband agrees to live with her). My sister do not want to give divorce and my family is also not ready for the same because of obvious reason. After all this is huge insult to a newly married girl being told within first week that their marriage might not last longer. We also went to a lawyer after all this incident he is insisting us to go for all out. He is like our big brother now. He is advising to approach court with all possible cases . Because going one by one like, if we fail to get maintenance (chances are high for not getting maintenance as he has to arrange funds for his operation) would weaken our case. It would portray as if we are hungry for money only and after no result in maintenance we are filing for domestic violence. Also my sister and my family do not want to file a false case of physical torture. But, we have no proof of mental torture, it would be hard to prove. If we do not get maintenance we want to approach court. But how and for what? My sister do not want DIVORCE, she is even ready to spend her life without him. Both families are having almost same social status though financially we are having slight edge. We have spend around 10 lakhs in the marriage including their demands of 5 lakhs in cash, and other jewellery. I have one more sister to marry we are trying not to disclose any thing in society till her marriage fixed

 7 Replies

prabhakar advocate (advocate)     28 August 2015

If your sister wants to stay with him and he does not want to stay with her.  If that is so, there is no legal solution for this particular problem.  Because, even though the court directs him to take her back in RCR case, he may defy it.  So, now there are two things for her.  Maintenance is not a problem.  You can file Section 125 cr.p.c. case for maintenance and also file interim maintenance application and she will soon start to get maintenance, hardly within six months.  But if you want to have Stri-dhan back and also residential accommondation, what she has to do is to file domestic viiolence case in which, she should seek only two relief - 1. residential rights 2. return of stri-dhan.  Remember, in this case, you should not ask for maintenance, as you have been already asking that under Section 125 cr.p.c.  Beside this, at this stage, you should not file any other cases, like S.498-A criminal complaint or divorce or RCR cases.  Once he starts to pay maintenance, he may come out openly what does he want in future.  It is quite often happens that a wife files maintenance husband shows several expenses including medical expenses to evade paying maintenance.  You need not worry, the court will take care of it.

Prabhakar - Advocate


Legal Aid Panelist - Family Court - Central Delhi(Tis Hazari)


Rightly adviced by Adv.Prabhakar


10 lacs? Wasted !

Better take MCD now, and save sisters life and also seconds sisters life.  No point in making them stay together for the 10 odd lacs rupees spent.  But this time be careful in choosing partner for sister, let her choose her life partner this time around.  All the best.

SuperHero (Manager)     23 September 2015

@DB - Sorry for your Sister.

In today's World People are more confused and don't know what they want in Life.

Why does he wants to get married first of all and spoil someone's life.

In Laws blaming DIL, and Girl's Parents blaming the boy are some parts and parcel of married Life.

But this has got extreme. As advised MCD is best and with the help of experience gained choose the partner suitably.

Please Note: If you can post your question may be in 2 - 3 paragraphs and let it be straight forward so that eminent lawyers and other members need not go through the entire post.

AS   02 October 2015

Speak to Husband of your sister directly. Try to understand what exactly the problem is and try to solve it.

if he need seperation then there must be some reason else no one marry to get into legal issues later.

Better settel down matter in cool way . Go for MCD.

If he decided to quit rrelation then there is no point in forcing him because ultimately divorce actully happens when one party decide to quit relationship .....that husband have no worth for your sister ...Although court have its own procedure of divorce RCR DV 498A etc etc ...but trust me all these will not bring husband back to your wife ...only lawyer will make some money by guiding you all this stuff....and give you and that guy some pain.

Better go for MCD and move on in life.


DB (Other)     11 December 2015

Thanks everyone to show me right ways, especially Advocate Prabhakar.

@Mr. Prabhakar, as you suggested we filed 125 and DV case in Saket Court. and my sister's husband filed divorce case at our home town in Jharkhand. Marriage took place at Jharkhand, however he is working at Delhi and my sister is also living at Delhi we do not want to kept my sister at our hometown because of social factors.

We appeared there against notice last month (21/11/2015) and Today (11/12/2015) was second date to file our written statement agaisnt dovource suit filed by my sister's husband, though judge was on leave we do not file our statement as we felt it should include more details.

Our querry

Saket court has give us next date in April (5 Month ahead) as notice was denied / not received by sister's husband for maintainance. Is it possible so long date?

At our home town Jharkhand: our layer is advising not to put detailed reply against divorce suit as it will complicate the situation and shun all opportunity of re-union. My sister's husband has put falls statement's (almost all) which we want to denie strongly, pls suggest if we should file simple denial and leve rest for argument stage?

b.goheel   11 December 2015

only court can decide faith of divorce appln.  Moreover u r in a position to raise a big amnt like 10lakhs, u get recommendation of gud lawyer frm ur circle. Whts is their suggestion ?

since ur fmly is much educated, well connected moneyed family, i take liberty to assume u r in a position to get a advice frm luminiaries.

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