Hi sir my sister got married 2 years back and it was a proper arrange marriage and we spent all the marriage expenditure, but from day 2 her husband started creating problems..and entire family started harassing my sister for dowry.. one day suddenly harassment was more and attacked her. took all her certificates and jewelry.. next day with police help we took her back home as she was pregnant while she was attacked and filed a dowry harassment case and took a medical certificate from government hospital.. but their didn't give the certificates and jewelry.. entire family were absconding for 10 days and took anticipatory bail..now their are telling that lets go for mutual consent.. but he wanna to settle only less amount.. My sister now she is blessed with baby girl.. and he is telling that he can deposit only money he wishes.. and he is not cooperative. can you please help want all the counter case files again and what all the next steps i should move further.. thank you very much sir
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1) your sister file DV case against husband and seek protection order against husband and in laws
2) seek alternative accommodation , maintenance and compensation for mental torture undergone by her
3) seek return of her streedhan and custody of child
4) dont agree for divorce by mutual consent if her husband refuses to pay reasonable amount towards alimony and maintenance of child
1. Since the amount offered by her husband is not acceptable to your sister she may file for maintenance under 125 crpc by rejecting the proposal for mutual consent divorce. She can claim maintenance for herself and her daughter.
2. Your sister is at liberty to file for dissolution of matrimony on the ground of cruelty, which her husband may contest.
Since they are afraid of the legal consequences ass the situation is in favor of your sister, he has come down with terms for settlement as well as mutual consent divorce.
But if he is not agreeing to the terms and demands made by your sister for her maintenance and that of her minor child, she may vigorously follow the pending criminal cases against him and also file a maintenance case against him under section 125 cr.p.c., besides filing a domestic violence case seeking protection, residence, maintenance and other compensations.
Ask her not to sign any paper under pressure, let him come a round facing the music of law.
