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Ravindra (supervisor)     21 June 2013

Rcr show cause notice sent to my sister from her husband

Hi

My brother in law has filed for restitution of conjugal rights case against my sister. He has mentally harassed her and after several advice he is has not improved. She has left him 4 months ago, and he has now sent this notice. What should we do now? His father had given her death warning in the past and abused my elders in the family all the time. They started threatening her to give her income to her husband. She has been supporting me and my mother financially. My income is not so high and she's been managing all the heavy expenses along with her loans for marriage etc. My mother had a accident recently and she's bed ridden for 3 months.

 

Please advice what is the next step she should be taking to get out of it. She doesn't want to go back to him, he's got some psychological disorders.

Thanks in advance for your help.

Ravi

Bangalore



Learning

 6 Replies

Anjuru Chandra Sekhar (Advocate )     21 June 2013

Nobody cares RCR petitions.  Don't worry about it.   Even if the court orders in favor of him, it is not necessary for her to go to him.  If it is possible let her ruminate on what she wants to do with her marital life.  If she is decided about divorce, she can make an application for divorce in the written statement filed against the RCR petition filed by him.  In other words, you need not go to any other court to file divorce petition.  You can file divorce petition in the same RCR petition that he filed in the form of Written Statement.


(Guest)

 

Originally posted by : Ravindra


Hi

My brother in law has filed for restitution of conjugal rights case against my sister. He has mentally harassed her and after several advice he is has not improved.

She has left him 4 months ago, and he has now sent this notice. What should we do now? 

Let your sister go back, ask your BIL to move separately from his parentage, in order to live happy marital life.  If he is unable to make a separate accomodation and does need financial help, then, try to help him in arranging finances.

 

His father had given her death warning in the past and abused my elders in the family all the time.

 

They started threatning her to give her income to her husband.

Nothing wrong in wife parting her salary with her husband, after all, he is her husband, not an enemy right?

 

She been supporting me and my mother financially.

 

You should find a job for yourself, stop begging for alms, become independent and earn enough money that you can look after your parents and also part some money with your sister as pocket money to her out of love and affection.


My income is not so high and she's been managing all the heavy expenses along with her loans for marriage etc. 

Work harder, change jobs, sitting at one place telling that my income is not high is not a solution to your problems or your sister's problems.  Ensure a fair lifestyle for yourself and your parents.  

 

My mother had a accident recently and she's bed riden for 3 months.

 

Please advice what is the next step she should be taking  to get out of it. she doesn't want to go back to him, he's got somepsychological disorders.

DO you have proof of it'?
Thanks in advance for your help.

Ravi

Bangalore


All in all you [who does not have income] and the bedridden parent at home have created more problems for your sister.


Agreed that your sister wants to part money with you and your parents, but how long?  After marriage if husband is not well to do, wife should be supporting husband and her family [here family means she and her husband & not you and your parents]


Replying to RCR petition will only worsen the situation, with the kind of allegations you have made against your BIL.


Old age parents wont last for long, your sister has to think about her future too.  Sitting at home, looking after ailing mother and you will only create more problems for your ailing mother and also you.


It is best to leave your sister and BIL alone. Anymore intervention from you or your ailing mother/relatives with regard to inhibit her from going back to her husband will only deteriorate the situation.


If looking after parents and brother was the only motive, then your sister should not have gotten married at all.


Am not judging your sister just like that, as it always takes two to tango !

1 Like

SUNIL (DOCUMENTATION EXECUTIVE)     22 June 2013

helping hand is correct...

Chandra (owner)     22 June 2013

Kudos Helping Hand. Really helping reply. Not sure though if the author opens eyes :)

Ravindra (supervisor)     26 June 2013

Thanks Helping Hand. Please see my reply...

 

My brother in law has filed for restitution of conjugal rights case against my sister. He has mentally harassed her and after several advice he is has not improved.

She has left him 4 months ago, and he has now sent this notice. What should we do now? 

Let your sister go back, ask your BIL to move separately from his parentage, in order to live happy marital life.  If he is unable to make a separate accomodation and does need financial help, then, try to help him in arranging finances.

 

They live separately. However he only listens to his parents for every thing in his life. My sister is irritated with his behavior. They call and abuse her if she does anything on her own for their house. She has been warned not to visit my mother's house frequently, though she lives just 10mins away from their house. She has been giving half rent and manages expenses for grocery etc.

 

His father had given her death warning in the past and abused my elders in the family all the time.

 

They started threatning her to give her income to her husband.

Nothing wrong in wife parting her salary with her husband, after all, he is her husband, not an enemy right?

 

She knows abt this and she's been telling her husband to look for a flat for themselves and want to contribute.

 

She been supporting me and my mother financially.

 

You should find a job for yourself, stop begging for alms, become independent and earn enough money that you can look after your parents and also part some money with your sister as pocket money to her out of love and affection.

My salary is sufficient for me to takecare of myself and my mother. However, i could not do much for her wedding expense...also my sister manages my mother's medical expense as part of her medical insurance as a dependent.


My income is not so high and she's been managing all the heavy expenses along with her loans for marriage etc. 

Work harder, change jobs, sitting at one place telling that my income is not high is not a solution to your problems or your sister's problems.  Ensure a fair lifestyle for yourself and your parents. 

Yes i agree and will take your suggesstion.

My mother had a accident recently and she's bed riden for 3 months.

 
Please advice what is the next step she should be taking  to get out of it. she doesn't want to go back to him, he's got somepsychological disorders.

DO you have proof of it'?

My sister had discussed with her in laws and they have not denied it completely, but only argued he is not abnormal. She has been telling them to take him to a doctor, but nothing has  happend so far.


Thanks in advance for your help.
 

 

All in all you [who does not have income] and the bedridden parent at home have created more problems for your sister.

Agreed that your sister wants to part money with you and your parents, but how long?  After marriage if husband is not well to do, wife should be supporting husband and her family [here family means she and her husband & not you and your parents]

Replying to RCR petition will only worsen the situation, with the kind of allegations you have made against your BIL.

Old age parents wont last for long, your sister has to think about her future too.  Sitting at home, looking after ailing mother and you will only create more problems for your ailing mother and also you.

It is best to leave your sister and BIL alone. Anymore intervention from you or your ailing mother/relatives with regard to inhibit her from going back to her husband will only deteriorate the situation.

If looking after parents and brother was the only motive, then your sister should not have gotten married at all.

Am not judging your sister just like that, as it always takes two to tango !

 

My sister has decided to move on and file for divorce. Old age parents nor her supporting me has influenced this decision. her husband will not stop her parents taking decision for his family, nor my sister can do any good on her own for her and her husband. everything needs to be approved by her inlaws and he gives updtes to them everyday what happens here.

At last, its her life and she's capable to handle anything that comes in her way to get out of it.

 

Thanks for all the support recieved for you all.

Please wish good luck for my sister.


(Guest)

 

Originally posted by : Ravindra


Thanks Helping Hand. Please see my reply...

1.  They live separately. However he only listens to his parents for every thing in his life. My sister is irritated with his behavior.

Mamma's boy, its the upbringing, even if your BIL is 50 he will surely seek advice from his mom, take it or leave it.

 

2.  They call and abuse her if she does anything on her own for their house.

Too much interference from either side, is surely a trouble maker.

 

3.  She has been warned not to visit my mother's house frequently, though she lives just 10mins away from their house.

Wife keeps on visiting mom's house, does not give a good look overall to any married couple, maybe yes in the initial stages, but one should limit themselves before other people like in-laws  start objecting. 

 

She has been giving half rent and manages expenses for grocery etc.


 

4.  His father had given her death warning in the past and abused my elders in the family all the time.

Heated arguments will only lead to more damage [here too it takes two to tango].



 

5.  She knows abt this and she's been telling her husband to look for a flat for themselves and want to contribute.

That is a good move, your sister should talk to her husband one-on-one about all this.  If her husband's income is also not that good, then obviously he will shy away from buying or renting a flat.
 

My salary is sufficient for me to takecare of myself and my mother. However, i could not do much for her wedding expense...also my sister manages my mother's medical expense as part of her medical insurance as a dependent.




Yes i agree and will take your suggesstion.
 

6.  My sister had discussed with her in laws and they have not denied it completely, but only argued he is not abnormal. She has been telling them to take him to a doctor, but nothing has  happend so far.
Like this it is very difficult to prove that her husband is of unsound mind.



My sister has decided to move on and file for divorce. Old age parents nor her supporting me has influenced this decision. her husband will not stop her parents taking decision for his family, nor my sister can do any good on her own for her and her husband.

 

7.  everything needs to be approved by her inlaws and he gives updtes to them everyday what happens here.

At last, its her life and she's capable to handle anything that comes in her way to get out of it.

 

Thanks for all the support recieved for you all.

Please wish good luck for my sister.

Summing up 1, 2, 3 and 7.  This is married life, you cannot expect some wonderlamp and a genie to miracles overnight,.  Most of the so called successfully married people who have been married for decades together follow only one thing, which is called adjustment, or else almost each and every man in India would have filed for divorce and every woman would have filed for divorce.  It takes a lot of patience to lead a marital life, when a girl gets married and moves in to in-laws house or even a separate accomodation, you will not be living with lions, lionessess, tigers and tigresses that each be provided a separate cage.  DIfferences will be there, how to handle such difference of opinion is totally in the hands of the newly-weds, here your sister and her husband.  Anyway its up to your sister now.


Knowing what you want from life is a good thing.  But here your sister is talking about divorce.  Divorce in India is a very costly and tediously gruesome affair, which will leave holes in both the wife and husband's pocket, not to mention the time frame [5-6 years] for contested divorce.  If her husband agrees for mutual consent divorce, then in 6 months she will get divorce.  If her husband is adamant then God save your sister.  Looking at your query, you all are having financial difficulties and not that a well to do family.  Here in LCI, advices are given free of cost, just to guide any querist to the way out of trouble.  But once if your sister is proceeding for divorce, all advices will be charged aptly by her lawyer and it could be a one shot payment or a continuous process, and litigation expenses can be claimed from husband only once, and not every now and then, rest all your sister has to manage,  ie paying fees to the lawyer.






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