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raindrops (Teacher)     17 March 2012

Need advice..

Advocates,

       This is on behalf of my sister,Iam presenting the situation.My sister got married in 2008 with a software professional.And now they fought with each other after having a girl child of age two.She is a govt teacher and this man has a brother who got married before their marriage and has a child .But after my sister's marriage whe she was leaving in her in law's house they tortured the first daughter-in-law saying she was mentally retarded and now filed divorce for her.The mother in law was good with my sister as long as she provided a part of her salary to the lady.My sister's husband never provided any money for her living and used to get money from her.Then after she got pregnant due to the daily problems at home they decided to live alone.When the house loan process was on the way he told that he couldnt get loan and she has to get the loan on her name.Now the house is registered on her name.She made a big quarrel for not registering on his name .

      This happened regularly.He opened the gas hose once,then kept fire for her pillow when she was sleeping and threatened that he will make our dad to go to jail if she reports anything.Recently he hit her and she fell unconciously .He got scared and was calling his mom.Meanwhile as soon as she came to senses he ran away.My sister got scared of him and came to her parent's house.When she was here he brought the police to her house .I dont know for what reason and his mom came infront of her house and started shouting.Next day she went to the women police station to give a complain on him,but to her surprise he and his mother were there.She wrote all the happenings and they did a mutual conversation and sent them back home.She was with my parents .One day again she called him and told him to come back but he told he want to ask his mother and then call back.When my sister called back he changed his old number and now not in service.

     Two days back he sent a notice to our home ,stating a lot of complains on her and my dad,that my dad took money from him and didnt return him the money but this is false .My sister is not fit for marital life and so on.He has written that if she recognizes her mistake and comes back he is ready to live with her.

  I want to give you another incident to know his character,once he had a quarrel with my sister in the night and he hot her.She defended him by raising the hands ,he immediately ran outside the house and knocked the neighour houses and told everyone that she hit him.And also he threatens her telling that she doesnt have anyone to support her and hesays that he knows to create false evidence very easily.He is very cunning and talks very sweet to othersthat no one can find his fault.Meanwhile his brother got second marriage before getting divorce from first wife.

   Now we just have the written complaint against him(not FIR) and no other proof for his nature.Iam really in a blank state now .Can everyone please look into this and give me needful advice what to do.

 

     



Learning

 13 Replies

adv. rajeev ( rajoo ) (practicing advocate)     17 March 2012

let your sister file a petition u/s 125 of Cr.P.C. claiming maintenance from her husband for herself and chld.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     17 March 2012

Dear Querist,
In addition to your right to maintenance as advised by Mr.Raju above, you also have a definite right to file criminal complaints for cruelty & harassment u/s 498A. You seem to have made a complaint, but no FIR has been registered, if you want to pursue that complaint and want an FIR to be registered - approach area magistrate u/s 156(3)

1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     17 March 2012

Dear Querist,

        I fell initially all of you delayed the happennings and allowed your brotherinlaw  to create evidence in his favour.Even now immediately lodge a criminal complaint U/S 498A and DV Act,and teach the entire inlaws a lifetime lesson.

1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     17 March 2012

Its I feel initially and not fell(typing error)

1 Like

Shantilal Pandya ( Advocate)     17 March 2012

You  can take legal actions  as advised  aboce , how ever you have   a better choice  for  contacting  a local lawyer who  will gather  all relevant facts necessary for  taking actrions  ,conference with local lawyer would be more convient 

1 Like

raindrops (Teacher)     17 March 2012

Advocates,

      Thankyou so much for your advice.We will file a complaint against him.So if they ask for the proof how to justify our side?can we show the previous complaint ?I will update my side get your kind advice.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 March 2012

Keep it simple Raindrops.

 

How can one put fire on the pillow and all. And the lady still keep on residing there?

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

 

raindrops (Teacher)     18 March 2012

Sir,

     Your point of view is corrrect,how can she stay after so much happening there?But me being her sibling,i want her to have a family and adviced her to be with her husband since time time changes he too might change seeing the kid's activities.she sobbed everyday.I thought he is still a human being,he too has a heart with feelings.but at last when he harassed her by making her unconcious and bleeding her nose only then i got scared he is ready to do anything.still my dad says we will wait for him...but she is scared now to be with him.

I love my parents (law)     18 March 2012

Dear do not worry file 49t asap.Teach them lesson.Surely u will win

Shwetha (Software Engineer)     19 March 2012

if you have not filed 498A and DV, please do that immediately.

The more you delay, the difficult it will be to explain the reason for the delay. One question you will definitely be asked when cross-examined is that, if the harassment was so much and if all this was a fact why there was so much delay in filing the complaint. The court will not understand if you say that you waited for the guy to change. The other person's lawyer will try to present it saying this was a fake story that was cooked up in the mean time during your sister's stay at your place.

Remeber, state only the facts to the police and court and the rest will fall in place on its own.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 March 2012

Then Rainsdrops,

 

One simple question. Why you should not be clubbed as an abettor to the crime?

 

Why did not your blood boil at the first instance of crueltyt??????????????????????

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

SAINATH DEVALLA (LEGAL CONSULTANT)     20 March 2012

Time and again we here have adviced you to act immediately by engaging a competent lawyer in your place and see that justice can be done to your sister.You are unnecessarily giving a chance to your brother in law to manupulate evidence in his favour.Stich in time saves nine.

Ravi chaturvedi (Partner)     21 March 2012

You make a common complaint with the above said fact to commissioner and acp of your locality. Wait for 15 days and if no action has been initiated by the above authority. Go to the court through private complaint. Claim for maintenance in civil as well as criminal court. Don't worrry about evidence at this stage. Lets file the above cases and bend the husband to his knee.

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