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Ashok (XYZ)     28 January 2011

My Sister's - Mental/Physical Harrassement and Divorce

She got married in 1991. We had given few lakhs of cash and jewellary along with house hold item to the boy. However, we have not have any evidence of money being given to him except the withdrawal entry from account of my father.She went alongwith a boy after marraige to his village to start her married life. I was 20 yrs old then. After few weeks, we went to see her and found that she was very weak .After enquiring , we came to know that her husband alongwith husband's wife had beaten him for no reason. We further enquired about it and her husband and his bhabhi denied . After few months,we brought her back to parent's place. In the mean time,my father retired from his services. She started living with her parents  and her husband did not come ever to meet. we kept visiting evry year to her husband's house -which was 50 KM away from her parent's house and kept requesting her husband to bring my sister so that she lead a good married life. Her husband never turned up.Come 2000, sister decied to go and we went alongwith her to drop to her husband's home. After 6 months , we again went to see her. And found that there were lot injuires in her hand and head. After asking to sister, we came to know that she was again beaten by both.She said that the elder brother and her husband had ordered hie to take bath in front of everyone.And after dening, she was made nacked and beaten by her husband and his elder brother.The male servant came and saved her. She also said that they aske for money as my father has got money after his retirement. She said that he has seen her husband going in 4 oclok in morning to his bhabhi's room. She suspects an illicit relation between her husband and his bhabhi.Her babhi has also beaten my sister many times.My sister also suspects that her husband has two kids from his bhabhi.It was also told by the servant to my sister. Her husband on many occassion has said that I do not want kids and I already have two.We brought our sister back to parent's house.We thought to remain calm as father was in old age.we did not file any complaint and my sister started working as a teacher in school at parent's town.She was trying to live a peaceful life and trying to forget the entire epiosode.We are five brothers , 4 got jobs in different geographical location. We all four are engineers.Father retired as a professor.My mom,father,sister and one of brother with his family started living peacfully.We have only one sister.We stopped to visiting her husband's house.Come 2008, her husband tarted calling my sister on our landline ,her mobile and started abusing.He threatended my mother on phone that he will kill her entrie family members. We got panicked. Then ,my sister meet to DGP (My parent's home and her husband's home both falls under this DGP juridiction) and made written complaint for threating ,beating and demand for money. DGP ordered and enquiry. Police asked my sister's husband to bring my sister to police station. My sister was away from state and was with my brother in Chennai. Her husband came to meet her and wanted her to take my sister forcibly.She denied . I was in Bangalore and requested both of them to come to Bangalore. My parents were with me in Bangalore.Both came and we along with my sister husband decided to get into agreement .Agreement ,overall, states 1.that my sister does not feel secured and hence she would not like to go her husband's house. 2.My sister's husband will keep coming upto two years to meet my sister in her parent's place so that trust can build up.3. if she goes with her husband after two years , her husband's brother and wife will not beat my sister.Even her husband will not beat her.4. Her husband can not sell any property without my sister's consent.5. All signature taken by sister prior to date of this agreement is void. It is noted that her husband has taken signature from sister in plain paper during her stay with him ,forcibly.We agreed to the above content and my parents,sister and her hsuband went to place of residence of father and executed the agreement in front of executive magistrate.The same night, her husband stayed with my sister in my house in the native state and forced her /beat her and took signature plain paper and went wothout informing anyone at 4 am.We were shattered. We approached the executive magitrate and informed him about this and non compliance of agreement. He gave a receipt of the complaint.We again tried to leave peacfully but after 3 months of the agreement  we got a notice from family court. This notice was against the compalint filed by my sister's husband for legal sepration or divorce on following ground:1. he does not have any child out of this marraige 2. he has claimed that my sister is mentally weak and cruel 3. he has claimed that they are not staying together for 10 yrs4. He has also submitted the police report  against the complaint made by my sister to DIG -in which police have jotted down that if girl's parent gives some money then he can take his wife.This is said by my sister's husband to police.My father 85 yrs ,mother is around 80 yrs.sister is 45 yrs old.During the marriage negotiation, his brother and his late father have told us that he has 20 acres of land and he is graduate. Now , we come to know that he has 50 decimal of land he matriculate.He is around 55 yrs now . We always tried to make this marrige successful ,even if sister was beaten and thrown out of house by his bhabhi. We are not in position to think on how should we proceed. My sister now wants her husband to be punished by law.We have kept quite becuase of social stigma, family peace but now we are have lost our all hopes. We do not have much evidence. During his staty in Bangalore, we have audio recording in which I have aske him that why you and your bhabhi,brothers have beaten my sister .He replies saying that it was mistake from our side. We do not want any financial support or gain in any form from her husband. we only want him to be punished now. Can we initiate a 498a against now when he has files a legal sepration or divorce in the family court?Please advice what should we do.


 8 Replies

Avnish Kaur (Consultant)     28 January 2011

YES  , get a good complaint drafted by a criminal lawyer.

i wish, there were some cases which should not be settled by law.

3 Like

Ashok (XYZ)     28 January 2011

Could you please explain little further .


Surbhi Bhatia (Law Student)     28 January 2011

yes you can offcourse get a complaint filed under 498A with DV.

And I also advise you to start it early as you are already running late by few years.

And I support solely on what Avnish remarked especially the second line.

2 Like

Roshni B.. (For justice and dignity)     28 January 2011

cases of cruelty must NOT be settled outside court or even thru mediation.If they are,culprits have no fear and never learn any lessons,if they are not made to go thru any they continue with their old abusive habits.

dear Ashok,

you have made mistakes of being too submissive.dats why these people have been sher(lions) with your sister.

even after knowing that your jeejaji and his bhabhi have affairs you kept quiet...your sister was only treated like a maid in this house.


now u must go to a reputed criminal lawyer and file cases of cruelty against ur jeejaji,his bhabhi and other abusive family members.and dont settle this case outside the court.get these sick people punished!

i dont know if women's NGOs like Lawyers Collective take criminal cases.if they do,please contact them and demand an honest and dedicated lawyer who's sensitive towards bold with them enough of harassment and submissiveness!

otherwise u and ur sister will become bitter for life if u dont get me!


if u r in delhi or bangalore or even mumbai,contact lawyers collective.else a reputed criminal lawyer.

1 Like

Tajobsindia (Senior Partner )     28 January 2011

@ Roshni B,

This case will fail miserably on the floor be it Lawyers Collective folks are roped in by your advise;  Roshni B over and above some of the best brains I have read through here in LCI Forum. It is like undermining the very Forum from which you got a platform and recommending Lawyers Collective.


What is wrong with Crl. lawyers here in LCI that you found and may not subscribe to them may I ask politely?

This case is a fit case for mediation and settling outside Court as no useful purpose will be solved by spending another 10 years or so in court by a 45 yrs. old submissive lady Vs. 55 yrs. old untried fault spouse herein.


1 Like

Avnish Kaur (Consultant)     29 January 2011

difficult to get justice thru court in such a case

Ashok (XYZ)     29 January 2011

Dear Lawyer friends,


Our problem is that we don't have any evidence of beating and demand of money except the following.

1. Police reports says that "jijaji" says, "if my sasural wale gives money then I will bring her daughter to lead a happy life."

2. In my discussion with him in Bangalore, he said that "galti hui hai", when I asked him why you have beaten my sister. This is a recorded audio clip.

However my sister is determined and showing courage now to talk boldly in the court of law and member of the society. Earlier she was so soft that she never opened her mouth inspite of all harassement to her.

Will above two points and courage of my sister be suffice for evidence to persue 498A. My parents are dead shocked and undergoing a terrible mental torture. All of my brothers and family are undergoing traumatic condition.

Could you please suggest any NGO or lawyer in Bangalore or Patna (Bihar). We don't want any maintenance or any money from "jijaji" to fight the case with him. But we want him to now face the consequences of his ill-doing in past.

We want to give a try in the court of law,

1 Like

Avnish Kaur (Consultant)     29 January 2011

you can definitely try it

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