• Sister's separation from her husband

Hello experts
I am asking this i n regards with my sister's unsuccessful marriage. My younger sister has been married for six years now and behaviour of her husband towards her has been remained unrespectfull. Before her marriage in 2010 she was employed with the state government job on adhoc basis and had solid chance of getting a permanent job but after marriage her husband forced her and totured her mentally to leave her job and sit at home. He, since starting had been putting questions on her character and even stopping her to take kids for a walk in colony or by standing on the terrace/balcony of their residence. She has been suffering this mental torture right from starting her marriage. Her husband even once beat his 4 years old daughter for talking to a BOY of her class after school time, questioning his own 4 years old daughter's character. He even sold all gold of my sister on the basis to help his brothers' family. He continued to stop her from working anywhere and from letting her become financially self dependent. Situation is now that my sister has an opportunity of a respected government job but her husband is still prohibiting her from taking the opportunity. When she expressed her desire he asked her to get out of his home with the kids and never to return. When he first did it three months back , i thought about giving that person a second chance and took my sister and her kids back to her husband's home. But now he has done same once again and this time my sister has compltely refused to stay with that man and wants to move out of this marriage legally . She also wants to teach him a lesson as he has ruined her whole life. My sister and her kids are staying with me at my home for last one month now. 4 days ago someone rang my door bell and said from outside the gate , "sir, it is ur luggage", and ran away. This happened at 12 AM. I went out and found that there were 4 bags lying on my gate's ramp. I did nt take the bags inside my home and with a thought of looking into the matter the following morning, i went to sleep. After that two police constables who were on night duty saw the bags outside my gate and rang my doorbell at 3AM. When i went out and explained them the whole situation, they searched the bags and thus we came to know that it was my sister and her kid's luggage, whixh was put there by her husband. It also contained a letter by her husband to my sister. Now i really am helpless. I have no idea how to get my sister out of this marriage and let her make her two daughters' future secure. Hopefully she will get her government job in two to three months. Please guide me.
Thanks and regards
Kuldeep bhatt
Asked 7 years ago in Family Law
Religion: Hindu

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5 Answers

1) your sister should file DV case against her husband and seek protection order ,maintenance for herself and children , compensation for mental torture undergone by her

2) also file case under section 496, 498A of IPC and seek return of her streedhan , punishment for continuous acts of cruelty

3) also file for divorce on grounds of mental cruelty and seek custody of children

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Your sister can seek alimony from husband and maintenance fir kids on divorce case

File DV /498A case as advised

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Inform this incident to the local police and you can name your brother in alw in the complaint.

2.it is notclear what does your sisiter want as reagrds this amrriage.

3.If she wants to work out this marriage then she will have to stay with her husband and settle the dispute amicably.

4. If not then she should file case u/s498A,406 IP.

5. Since she appears to be unemployed she can file case for maintenance under PWDV Act for herself and the child.

6.Both the cases can be intiated from your place.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. Meet a local advocate.He will guide you how to file such cases.

2. She can file the case where she is presently residing.

3.There is no time limit to file such cases. It would depend whether you wish to give more time to her husband to settle the dispute amicably.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) dv case should be filed in magistrate court

2) 498A/ 406 case should be filed in local police station

3) you can have the complaint drafted by local lawyer

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

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