• Confused! what decision we should take

1.My sister had married one year ago, after three months from the marriage his husband is asking for the ATM card, as my sister is doing a job and his husband is also working as an assistant professor. (both are living in Ahmedabad on rental paid house as her husband is doing a job in Ahmedabad)

2.Sister has decided to keep her ATM card at home and convince his husband for the same, but he was not agreed.
3.My sister's husband and his mother not giving food also and tell her to eat only a once in a day.
4.This type of matters go on and after 8 months his husband has decided to leave Ahmedabad and go back to his brothers home.
5.Since last 9 months my sister is living with us, but 2months ago his husband was suddenly comes to Ahmedabad, and when my sister was returning from her school her husband comes in front of her and slapped her with sharp knife like stuff, due to which she was found badly injured on left ear.
6. At the same time we have put F.I.R case against her husband for his this type of cruelty. 

At the last i need your suggestion that what we can do next, my sister is not ready to pass her future life with him.
Can we have to wait or to register more cases like domestic violence or simply put divorce file and separate.
plz help.
Asked 7 years ago in Family Law
Religion: Hindu

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5 Answers

1) file complaint under section 498A against husband for continuous acts of cruelty

2) also file DV case and seek protection order, compensation for mental torture undergone by her

3) also file for divorce on grounds of mental cruelty

4) your sister should not forgive her husband . He should be punished for assaulting her with sharp knife and causing her grievous hurt

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Since initiation of case would break the marriage for sure, it is advisable to settle the dispute amicably.

2. Ask the couple to go for holiday for sometime so they may sort out their differences.

3. if in spite of her best efforts the marriage does not survive then only consider filing a case.

4. File case u/s498A, 406, 323 IPC etc.

5. For maintenance file case under PWDV Act claiming monthly maintenance, damages, residence order etc.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. In these circumstances your sister should file a petition for dissolution of marriage on the ground of physical cruelty. She can also file a DV case to seek compensation from him for the physical abuse she had to suffer at his hands.

2. Nothing stops her from filing for divorce without filing other cases.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Ask your sister to lodge a police complaint u/s498A of IPC complaining dowry harassment against her husband and other family members at Ahmedabad police station.

2. She can also file a DV case against them qat Ahmedabad.

3. She can file a divorce case against him claim substantial amount towards compensation for causing damage to her.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Your sister can lodge a criminal complaint for cruelties under section 498a IPC and for dowry demand under dowry prohibition act against her husband and his close relatives including his mother.

She can even file a domestic violence case against them seeking protection, compensation for all the grievances she suffered.

She has to wait for completion of one year from the date of marriage for filing divorce on the grounds of cruelty.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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