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Mohit (man)     14 July 2010

Pls help us!!

My sister has got married in feb 2007. She had blessed with a child in dec 2007.She used to live in a joint family. So her husband couldnot give much time to her. As her bhabhi used to interfere in all her personal matters due to joint family there is some rift in the family.

1. Around 8 months back , her motherinalw  have called me on the festival as normally a brother used to take her sister , and told me to takeback my sister home for 15-20 days.They told my sister to have leave all ornaments at their home as she will come in next few days.

My sister has called his husband after 15 days to bring her back but he usually cut her phone.We tried to contact  his mother, brother about what happened and go their home? we never get satisfactory answer. They told that marriage is spoiled with my father and mother interference, my sister is mad, she used to throw soaps and shampoos , she doesnot take bath for 15 days and told these things in the society  that they have left the mad girl.

My sister was shocked to heard these things . She told us that she never did this. They are making all false allegations against her.

2. We have tried their 2-3 relatives and asked them to talked to my sister but they never do it and told us that they dont want to interfere in this matter.

3. From last 8 months we are trying to have number meetings to sort the matter with different persons to whom they know in  society but they never wanted to listen them.They are saying do whatever you like we have already make arrangements to release..He is not ready to accept her and his child.My sister wants to meet alone with his husband to know his concerns but he doesnt want to listen and talk.

4. In feb 2010 her motherinlaw gave an advertisement in national newspaper that my brotherinlaw, his wife and her grandson is debarred from her all property.But currently my brother inlaw is living in same house. Also from some sources he has transferred all his business to his brother's name  and showing that he is doing nothing, although he is doing the same business and whatever he earns will give it to his mother.

We have not yet taken any legal action against him. . My sister wants to go back to her home but with respect so that a small child's of age 2.5 yrs future doesnt spoil.

Any one can send their suggestions for way forward.




 7 Replies

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     14 July 2010

well in that case you can file restitution of marriage right under hindu marriage act.i.e a case to restore marriage rights.

by this case her marriage right to stay with husband can be restored.



Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     14 July 2010

you can at anytime file 498a case as torture by husband and relatives of husband.

you can file application u/s. 125. even if husband is not  earning he have to maintain living standard of his wife and children. 

Manjit Singh (NA)     15 July 2010

Do not file any criminal cases in haste, as unwisely suggested by Mr Gagdani above.  That will remove all chances of reconciliation and will only help the police and lawyers, not the actual people involved.

Better involve some mutual elders and try to sort the matter out.

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     15 July 2010

well that was not to be said as criminal cases to be filed.

firstly they should make necessary meetings if not possible.

then they can file case for restoration of marriage rights under hindu marriage act.

now here they will get chance to meet.

take the matter into mediation centre, where both husband and wife will be together and expert will try to resolve the matter.

Munirathnam (Scientist)     15 July 2010



Do not file criminal cases to achive anything becuase I never heard that legal system is designed to save marriages with out parties will.

If you do not acieve anyhting with love you wont achive with legal system.

Just approach mediators if available then try to save marriage else try to create mediators then try to save marriage.

Mohit (man)     21 July 2010

Pls provide a list of good mediation centres or good and reputed NGO .We are staying in Gurgaon (Haryana). 



Arup (UNEMPLOYED)     06 September 2010

"If you do not acieve anyhting with love you wont achive with legal system"

really valueable and practical.

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