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Akansha (Admin)     30 August 2008

Please Help My sister

Hi everyone,

This is a Story of my sister and I sincerely request the forum members to advice us…

She has studied only until 10th and she got married at the age of 18… legal age… her husband is supposed to be one Mr. XYZ from BTM Layout, in Bangalore… and he works as a Civil Engineer in a Construction Firm… the reason I told about his job, is to let you know that he is a bit educated and now as my sister has studied only until 10th, he feels that only he knows about Law..

Even before marriage, we had told him everything about my sister, about her education, about her innocence… about her not being exposed to City Life Style and all those stuff and he had agreed on every single matter and had said that he has No Problem… we had one concern, his father has two wives (both still alive, living together) and he is the son of elder wife… we had expressed concerns about this and he had promised that, not even in his dreams is he going to follow his father… and we had agreed and have got our sister married to him…

Everything was fine for the first few months, then, he started complaining my sister, saying that my sister has had, an affair with someone before her marriage and all those stuff… he says that, he had spoken to my sister when she was fast asleep in the middle of the night and she had accepted it… but my sister say No for everything and yes, we know our sister well… Yeah, there is no way that he could actually prove anything also… he only comes up with some names, who are our relatives too…

All this started some 6 months back and by that time she was pregnant too… he was good enough to not hurt the gal, but he always used to call up to our family, threaten us, even go the extent of saying that he will kill the family members…he did not speak to the gal as she was pregnant …

Now, her pregnancy is over and they have a beautiful daughter… now, my sister is staying in her parents’ house (as per ritual). We are ready to have a DNA test too, however, i.e. not required we guess, and this guy has more than gladly accepted that it’s her daughter and does come here once in 15 days or so and speaks properly with everyone in the family, including that my sister…

But then, the problem now is that, very recently, he had come to this place and things were normal and then, the very next morning, he calls up my sister and says that his mother is forcing him to re-marry… god knows the reason… but yes, this call and a few such calls is actually creating a lot of depression in our family and even my sister is totally depressed these days… we somehow believe that, the guy is good, but then, not the family… again, this guy is very reluctant to cross her mother’s words…

We tried to speak to their mother, but she is not responding properly… his entire family has the attitude that, we are from Girl’s side and so we have to always obey what they say and do… Is there any answer for this in Indian Law…?

Earlier when my sister was staying there, (before delivery), when our family used to visit my sister, their family hardly used to let us speak to our gal and there was no way we could know whether our sister was safe or not… can this situation be legally approached, so that, we could have the assurance that my girl is Safe…

Now, probably, in the next two months, we will be sending our sister back to their house, along with the baby, but then, our main concern  is the security of  our girl and the baby in their house… what are the possible precautions we can take… one thing is that, we want to be on the safe side by taking necessary precautions, at the same time, we do not want to be too aggressive also, because, if things work out fine by themselves, we will be more than happy…

We have another 2-3 months to go before we actually send our sister to their house; however, the major worry is that, what if their family goes for a second marriage to him, without even letting us know… if that happens, my sister will be the sufferer and probably, his dad’s legacy will be continued… we do not want that to happen… so what can we do Now…

Probably, the girls family was happy for only about 2-3 months after the marriage and since then, either the guy or their family is kind-of torturing us, and have recently started torturing my sister also through phone calls… we do not want a fight, but we want our gal to be safe and happy…

Yeah, one more thing is that, this guy has not informed anything (according to our knowledge) about his doubts about the gal to his family… but still, don’t know why is the family now thinking about the second marriage and that too, when the guy himself has kind of admitted that, he had made a mistake by threatening the girl’s family members…

When we try to speak to them, first thing they come up with is, we are from the gal’s side and we have to obey them in whatever they say or do...

Just because we are from the Girl’s family, should we put up with whatever torture they give… even if that guy marries again, can’t we do anything… our family is very conservative, never even been to a Police Station…



Learning

 12 Replies

Guest (n/a)     30 August 2008

Dear Akansha


Don't worry abt the second marriage of him. Even if he marry second time when his first wife is alive and living together, that marriage would be invalid and becomes bigamous marriage and u can file a suit against him.


 

H. S. Thukral (Lawyer)     30 August 2008

Dear Ms. Akansha


From your query you seem to be mature enough and wise enough to understand the situation. Legal recourse is open if your brother in law gets married again without divorcing the first wife but that does not solve the problem of torture she andyou and your family are being subjected to. The major concern is safety of your sister at her in laws house. My thinking is that indirectly you must communicate your apprehnsions through some common friends or relatives and also the  hint of  consequences.  Counsel your sister to face it couragely.  

amarendra (lawyer)     30 August 2008

i fully agrees with the view of mr thukral and would like to advice u to mahila commission

ca.bhupendrashah (FCADISA)     30 August 2008

YOU QUERY IS SELF EXPLANATORY & SAD. GO AHEAD. HE CAN NOT DO ANY WRONG !

prof s c pratihar ( urologist &legal studies)     30 August 2008

ld. members sent you honest openioand is enoug.pl wait and watch nothing will happen .face the situation with boldness.law is with you and apex court is very strict about it.he is a engineer and not a tribal.i presume he may consult a lawyer.i suggest you to keep a print out of your submission and our reply.if you are still much worried get it notarised and keep with you.GOD forbid nothing happens like that .dr sc pratihar

Rajan Salvi (Lawyer)     30 August 2008

THIS IS NOT A LEGAL ADVICE


Be calm. Rest assured the new daughter will bring a change in his heart and he will start behaving properly.

manu (advocate)     30 August 2008

mr. akanksha,




 


This can be done by means of an injunction, restraining your spouse from performing a bigamous marriage. Indian Courts have addressed this issue under Hindu law and have come to the conclusion that such an injunction should be allowed. The spouse must file a suit for perpetual injunction, restraining the other spouse from contracting a second marriage, under section 9 of the Code of Civil Procedure, 1908, read with section 38 of the Specific Relief Act, 1963.




 


other than that u can also file a suit for restitution of conjugal rights and in the same suit u can also seek the consequential relief of injunction restraining ur sister's in laws from interfering with personal and family affairs of ur sister.




 


in case ur brother in law opts for second marriage, u can file a suit for declaration that the second marriage is void during the subsistence of first wife.




 


And if in -laws are torturing ur sister u can register a case against them under domestic violence act, which is women welfare legislation. And this is the ready made weapon for a wife against her husband and his family members in case of any illtreatment.




 


Pls take professional advice from an expert if u r planning to get into any court litigations.




 


regards




 


manu




 


 

Akansha (Admin)     30 August 2008

Hi everyone, I am feeling really happy and seriosly after seeing the replies and suggestions, i am,, somehow feeling confident... thank you all very much...

Rajan Salvi (Lawyer)     30 August 2008

Your confidence may be misplaced. Take help, advice from elders and the persons who were the go betweens when the match was approved. Do not be aggressive at any cost at the same time do not take injustice lying down.

ca.bhupendrashah (FCADISA)     31 August 2008

god is great and kind to all

giri nivarthi rao yadav (lawyer)     14 September 2008

yOUR BROTHER-IN-LAW MAY CHANGE IN THE INTERST OF CHILD.He may be feeling to have  another marriage during the pregnancy of your sister.Once she join him he wil co-habit and will lead a happy married life.About harassing you and your sister it may be to extract additional dowry.He will be quite once he joins his wife and child.you can file a criminal case if he marry another while his marriage with your sister is still subsisting.If he don,t take your sisiter to his house in a reasonable time she can file a case for restitution of conjugal rights,in case the mediations through elders fail.


consult a lawyer .


giri nivarthi rao yadav@yahoo.com


advocate


9985117714/9849268834

Himanshu Prabhakar (Advocate)     16 September 2008

Dear Ms. Akansha,


If he marry second time when his first wife is alive and living together, that marriage would be invalid and becomes bigamous marriage and u can file a suit against him and you can file a criminal complaint also against him. you have both the options with you Criminal & Civil as well as Domestic Violence Act..


Dont Worry,


 


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