1) your sister should file DV case against her husband and in laws seek protection order, right to stay in matrimonialhome or alternative accommodation , compensation for mental torture undergone by her and maintenance
2) also claim litigation costs
Regarding domestic violence/emotional violence
Sir, we got married of our sister in 2014 but after one week their family has been started to harass her. They blame her all the time and trouble to her for dowry and other things.Sir, my sister has spent 4 yrs with him she always think one day he will be improve himself.She blessed a baby unfortunately baby was died during delivery for this incident they blame to her. They always said she is unlucky for us.Her husband is not taking any responsibility of her since 2014. He never make a cloth for her and didn't give any expense to her in this period. And always harass her.we discussed so many times with them but they always says u r a ladki wale ho shut ur mouth she has to compromise but our son will not compromise with her.Now they did seperate them but her husband behavior is as it is I think they have planed if they will do case at me I will say I didn't have any thing to give u .we didn't make any complaint agaist him and their family but the limit has crossed in this case what action I should take sir I m somuch depress about my sister future. We try to understand their family but they always say women has to sacrifice.please guide me as soon as possible my sister is also in somuch depress.The lived together but there no relation between them they don't talk with each other since after marriage 1 month. They make seperate food for each other. He never take care of her in case she is ill or any other condition.pls guide me thnx.Their family and he think she will move from here wirhout any action. One thing tell me first where I have to go for her family right.Other issue is they are seperate from their family we can't claim any property rights n can we blame to rheir family or not.
Asked 8 years ago in Civil Law
6 Answers
They have a rented accomodation outside of his home.
Asked 8 years ago
Your sister can also file complaint against husband and in laws for dowry harassment and continuous acts of cruelty under section 498A of IPC
If she is being harassed and meted out with cruelties continuously and a stage has arrived for 'no tolerance', she may decide to quit the matrimonial home and her married life too.
She can file a DV case, seek protection, residential rights, compensation and also interim maintenance under the provisions of this law..
She can file another case under section 125 cr.p.c. seeking maintenance quoting that the circumstance at her in law hose force her to take refuge outside her matrimonial home and now she is desperate hence approached court seeking relief of maintenance.
she may lodge a criminal complaint with the police for cruelties and also for dowry demand harassment under section 498a IPC and 3 and 4 of DP act.
They have a rented accomodation outside of his home.
Has he provided a rented accommodation to her?
Bit what about maintenance amount?
Sir, I want to ask one more question I was sought on them in support of my sister two three times. But for their safety they have recorded the ph. call it may be our weak point for us or not. I didn't use any wrong world but I said if anything will be happen with my sister I will not excuse u and leave u. They have rented accomodation outside his home.
Asked 8 years ago
1) you did not abuse your sister in laws but as brother showed concern for your sister that if anything happened to your sister you would take appropriate action
2) you need not fear the recorded phone calls
The phone call recordings may not be admissible as primary evidence in the court, hence you may not be worried about that aspect.
Let them record any conversation, it would appear to threaten you if you plan to go legally on this subject.'