Separation case - Pls reply.....

1. If your sister / her side will not attend instituted Case then it will go ex-party against her. Minimum 3 dates followed by Paper Advertisement are sufficient reason to set a case ex-party in general. It can be well openned showing sufficient cause which is besides the scope of reply to your current brief.

2. We fail to understand why you sister wants to be with him when he is not in a position to get her ‘dependent visa’ read with she being city bread and not adjusting to "village life" where her matrimonial home is after marriage?

3. The briefs facts are more of counter allegations based and if ‘grounds’ taken by her husband are not proved in Court then he will not get ‘divorce’ or “separation” which is has prayed as relief. Then what your sister will do? File a case of DV and seek residence rights – right that is one more option ! That residence right which Court will give will be at the village which is her matrimonial home after marriage as till date no Indian Court under DV Act residence rights has ever passed residence rights to a wife in a foreign Country - however your side may create history by just seeking one such relief!

4. Now what shall your sister do – think again? OK file S. 498a r/w S. 406 for marriage related mental cruelties and dowry related alleged crimes to all family members form his side. FIR will be lodged and arrest warrent issued, some people from his family will eventualy get Bail and come out - case proceeds for next 3-5 years - right that is what happens in above IPC section even if we take your sisters facts on its face value. Now what shall happen as you are saying "she wants to be with her husband" ! But the husband is powerless not able to arrange ‘dependent visa” so after talking to dozen local advocates you yourself decide what should be ‘just’ justice your sister should get.

5. From our reply side – try every Sections of IPC / CrPC by the book whose smallest glimpse we spoke above but end will be same – either ‘she should adjust when husband is living overseas and earning for the family that includes she as you say he is paying 3 K p/m to her’ or ‘part ways amicably and re-start life - it is difficult but for a city breed it is not that difficult afterall compared to spending years in corridors of Court seeking just justice’ or least to least ‘live separately with paper marriage as no relief husband probably got at the end - he cannot re-marry and she can't get stamp of divorcee if you say it is still a dirty word which we say it is not’ and she as you say is not ready to live in a village so lastly she may be given alternate accommodation in a metro city and rent paid by husband - this is possible if she uses DV Act but then she will live alone there or with natal home members means with you – is this what you all want the facts to end up into ?????

Now think !!!!!

Thanks for your response sir,

I would like to let u know before marriage they assured to take her with him to abroad otherwise will come and settle in the city, where she born & brought up. On that assurance only we get her married to him in Feb'2008 . First 1 month he stayed with her at matrimonial house in the village and left to abroad. They delayed getting dependent visa and after 7 months he took her  (8 months pregnant) with him to abroad. She gave birth to her son their in Dec'2008. And again in Aug'2009 when he came to India on leave, he left her wife and child at village saying unnecessary reason and went abroad.

Again for six months she suffered with their in-laws at matrimonial house (the tragic is her husband will call only his mom and talk more than a hour daily but speak with his wife only for 2 to 5 minutes only that too she has to give a call, slowly he stopped callin her). During that time the mother in law started giving false news about my sister and made him against to her. They want their son's earning without any reduction as before as marriage. So they want to keep their daughter in law with them in the village to serve them like a servant. we naturally a very adustive type, she lived tolerating everything there.

Meanwhile they came for complaints at my home regarding my sister, which reads she spent lot in abroad (whereas she lived a very normal life there than at our parental home) etc. etc.

After 6 months due to our insistence again he took her with him. His parents are very sure to keep her with them in the village while his son should earn for them in abroad. He never give or send money to my sister for her expenses. Even her mobile recharging done from my home. Unfortunately some revolution came in their country and my sister again return to the village.

Again the same continues (their torture, no calls from the hubby, etc. etc.). Meanwhile they planned to join the kid in the school in the village itself without her knowledge. When she came to know about this she bursted and called her husband and asked am a mother of the kid and how can u people decide the school for him when am alive (he means only these things as tortures in the case). she didnt allow to put him in the school.

She waited for 2 months, whereas her husband assured to take her with him in 1 month while leaving abroad. When they know their crooked mind of settling her in the village, she ask my mother to come and take her to our home.

She came in Oct/Nov'11 and keep on calling her over phone/emailing her hubby who never responded. Even for the kid he didnt turned out. But we kept in touch with their relatives, who said only his arrival will give solution for this.so we waited for him to come. when she mailed that she will come directly with the kid to his place, if he not responded, he immediately cancel the visa of the mother and the child. .

Finally we got a email from him saying the he will see everything legally in Jun'12. Immediately we went for mediation his parents didnt disclose anything to us and simply says he has to come and decide.

In the end of July'12 he came to India, that too we came to know thru their relatives and went again for mediation. They locked their gate and said the case is in the court and not even allow the kid inside the home. When we met his lawyer he said that case filed during Apr'12 and they blamed us lieing getting the notice. Honestly we didnt receive the notice yet. when we got and read the notice from his lawyer we saw the mistake in the address and it reads false informations like my sister throw the utensils and damaged his head bleading, etc. etc. so he needs separation for 2 years.

According to us he is an egoist. He never disclosed/ discussed anything about him to her like his pay, his future plans, etc. He never cared about her health, joy, needs, etc. He definitely needs counselling. My sister is ready for counselling. But he wont accept to come for counselling. He never kept his promise and blamed my innocent sister for everything. She also beaten up by him severely many time. He is induced by his mother to do these. otherwise he is ok.

The second hearing is on 28th Sep'12 as we read it from the case sheet. So what we have to do? Pls advise. Will he get exparte  favouring him? How long will it take for a family cases to give exparte from the date of filing?

Pls give me details and advise us to save the marriage life of my sister. Since she want to live with him atleast for the future of her kid.

Pls help us Sir.

Our last observation to your reply:

1. Read 20 times para 3 + 4 + 5. Discuss same three paras with any legal member of the Bar of your choice. That is the scope to your sister’s life. If any miracle happens in future do assure us that you will let us know first.

Now, accept our all the best.