my sister got married to guy named vishwas in 2012, it was arranged hindu marriage.with in few days of marriage, v realised that my brother in law was not caring nor bothered about my sister and he married for his parents sake... then v realised that he has no constant job, he stopped going to job so they asked him to quit the job..he never cared to search for a new job. my sister works at a bpo so she managed with house rent and other financial issues. she stayed with this guy thinking he wil be fine one day, inspite of not having any kind of relationship with this guy.. n belive me i have not seen him change.. its 5 years of marriage he is unemployed, nor has any relationship with my sister nor comes home regularly. inspite of being jobless, he is never at home. comes home one or twice in a month and if asked doesnt utter a word. we tried speaking to his parents regarding his behaviour but they say u should have enquired before marriage now y r u complaining n instead they put all the blame on my sis saying she is not upto the mark so he doesnt like her. last month his maternal uncle said vishwas is not interested in you and you find your own way.. vishwas always said that im not compatible with her and i dont want her . my question is.. if he didt want her then y did he marry in first place.. is marriage in india is like whenever u want you marry n leave it whenevr you want.. is their any ground on which v can sue him. his parents r very well to do people, so i case v apply for divorce wil v win the case? or wil my sister get any compensation? they have taken us for granted ' ki inke sathh kuch bi karo kuch nahi bolenge'... i want to sue this guy sir.. so please let me know legally where v stand. please help us sir.
Hello,
There are few legal opinion which I can not give on the public platform you can call me if you want.
You an file various cases under the DV act and can also file a petition for maintenance under section 125 of Cr.P.C.; you have all the ays to sue this guy under various provisions of various act, you do not have to worry about the same. Apart from all these subsequently you can apply for divorce also and claim alimony.
Regards
You've a good case because not only the wife has been abandoned, but also she is not being extended any love or support from the husband. To add to her woes, the husband is even jobless and hasn't been supporting her finally. On these grounds, you may file for divorce and seek interim maintenance under section 24 HMA. Later you may also seek permanent alimony from the guy. Besides, you may also file a case for regular maintenance under section 125 crpc.
1)your sister should apply for divorce on ground s of mental cruelty
2) husband refusing to work and take care of household responsibilities amounts to mental cruelty
3) husband refusing to consummate marriage amounts to mental cruelty
4) husband refusing to stay with wife amounts to mental cruelty
5)wife can seek alimony from husband
6) contact a local lawyer
Hi, you can file a petition for divorce on the ground of cruelty and if you able to prove your allegation you will get the divorce.
2. You can also make one of the ground for divorce is refusing to have sex as from your narration they have not physically contacted it can be one of the ground for divorce.
Brother, you can definitely take action against such emotionless people..your sister can file a criminal case of domestic violence on her husband and his parents.. Moreover, she can also file a case for maintainance on her husband under which court will direct him to pay monthly allowence to your sister..i don't advice you to go for divorce, as this is what they want.. Know your rights , fight smartly ..
Your sister had kept quite for 5 long years whereas you are agitating over the issue at this belated stage.
Why were you also keeping quite for so long days/years?
Well even now your sister can file a divorce case on the grounds of cruelty and non-consummation of marriage and also she can claim maintenance.
But how do you think he will pay her maintenance when he is reported to be unemployed?
Especially if your sister is employed and earning a good salary then she may not become eligible for maintenance, so you may have to cunningly draft the maintenance petition so that it becomes maintainable.
thanks a lot everybody for your legal advice, your reply has given a positive hope.. i still have adoubt on 1- after applying for divorce should my sister stay in the same house or come back home,bcz wt if he abuses her? 2- since he is not working how can v seek alimony, his parents are having enuff properties but not in his name. 3- as v r 2 girls and dad xpired and im still unmarried, my relatives are asking for mutual divorce.. but i want to sue this guy. kindly help us ..
your sister should return to her parents home
2) mutual consent divorce is best option
3) even if boy is not working he is liable to pay wife alimony
1. She should come back home.
2. You can still be claimed.
3. Mutual divorce is always convenient, if both of them are agreeing upon certain terms which are acceptable to you then I suggest that you go for mutual divorce.
Regards
Let me know if I can be of some further help.
1. If her personal security is at risk or stake she may decide to quit her husband's house after filing the divorce petition.
2. You dont worry about his unemployment status, let she claim maintenance, it is is duty to maintain her
3. You dont leave him just like that, you can initiate proper legal action so that he realises the value of others life also.