• In-laws not accepting or calling wife at home

Hi Sir,
I am looking for legal help for my sister in lay who get married last year march. Groom is working as engineer and my sister in law family from Bihar. Last year in march my SIL get mairrage from a 5 star hotel which groom side has pressure to do only from delhi at any cost. Anyways everything get done according to the need of groom side but very next day of mairrage they complain that GIRL is not respecting anyone in the family and his father in law said that my boy has not liked you still i manage to marry with you. Family side has complaind the middleman and relatives that girl has changed during mairrage and till engagement everything was fine. Middleman said they needed some dowry which they hesitate to say directly like all household things etc etc.
their groom father and groom forsen to live the girl without any phone and a home which does not even have any balcony or she was not even allowed to talk to anybody. She was in complete mental shock even we tried to calm the things but they are not accepting anything from our side. any one can understand that if a girl live in a house where she even can't talk to anyone can't even go anywhere husband never stay in weekends they what a new girl will do. few months girl family has bring her to home for few weeks but after Boy family is taking her to home and complaing the stories in their relatives. Now few days back his boy father has called and askign to settle down the mairrage and when we request to bring her to his home then they keep execusing every month for next month. few weeks ago boy side has a function in his family and they have not called the girl at home which we got to know through some source.
Now things are:
please suggest as we tried everything to settle the mairrage but their whole family npt taking tthe girl at home.
Boy father is keep saying that girl has not bring anything at home and girl side has changed the girl in mairrage.
its been 5 months and they are not picking up phone and even they are missing from home where they use to live so we are not able trace them.
ONly boy father pick up the phone either try make use wrong or give next month date for opinion.
 
please suggest i am trying to settle the everything so that atleast my sister in law get settle down in life ... because court case is still social respect issue and girls always have to wear the pain.
Boy side is not listening any word.
Asked 2 years ago in Family Law from Delhi, Delhi
Religion: Hindu
1.It appears that you have married the girl in  a family which is full of rogues.
2. i do not find any reason that even after satiating their demand the girl is likely to find peace and happiness.
3. If the husband is not supportive and affectionate to her then no kind of dowry can bring happiness to her.
4. Ask the boy to stay separately with girl and then you can think of fulfilling their demand.
5. if he does not agree then do not give any dowry and either settle the case amicably by mutual divorce or file criminal case of bridal torture and dowry harassment and case for her maintenance.
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
4.9 on 5.0
Hi, you have two options one is amicably settlement with the family of boy whether it will work out or not we are not sure.

2.Secondly for legal remedy for that you have to file a complaint before the police for dowary harassment.

3.If these two options will not work out go for divorce after completion of one year of marriage.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1)if you are unable to trace the girl lodge police complaint . 

2) you can also contact a detective agency to trace her whereabouts 

3) file DV case on her behalf and seek right to stay in matrimonial home . maintenance and other reliefs . 

4) the girl can file complaint under section 498A against her husband and in laws . 

5) the girl can also file for divorce on grounds of mental cruelty fater expiry of period of 1 year from date of marriage
Ajay Sethi
Advocate, Mumbai
23235 Answers
1219 Consultations
5.0 on 5.0
Hi,
1. If your SIL prefers a divorce think in terms of a mutual consent divorce by speaking to the boy's family.
2. There is no good in paying more dowry and requesting them to take her back or continue the relationship.
3. You should help the lady to file a 498A, lodge an FIR.
4. She can file for domestic violence case and ask for maintenance and other reliefs 
5. If the boy's family is not agreeable for a mutual divorce  girl can file divorce on grounds of cruelty.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Your SIL can file for divorce on cruelty after completion of one year of marriage . However if in extreme situation like this she can file a divorce on grounds of cruelty before one year, for this lodge an FIR under 498A. 

The first  thing you need to ensure that the lady is safe in her matrimonial home if thy do not allow her to stay in he matrimonial home it is not safe for her  to forcefully stay there .
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. It is a clear case of bad marriage for your sister in law,

2. It is a mistake to succumb to the demand of the groom party to arrange the marriage ceremony in a 5 start hotel,

3. Decide what do you want from this relationship now since it is apparent that she has no place in her husband's home and mind now and also that her inlaws are geedy people,

4. She can lodge a police complaint u/s498A of IPC, file DV acse claiming maintenance and residenbtial right and protection,

5. She can also file a divorce case after one year of marriage claiming substantial amount towards compensation/alimony,

6. Let her start her life afresh rather thatn ruining it in the criminal custody of her in laws.
Krishna Kishore Ganguly
Advocate, Kolkata
12106 Answers
231 Consultations
5.0 on 5.0
1. Your sister-in-law should file for divorce after a year from her marriage to obviate the misery which emanated out of her marriage. 

2. After a year from marriage she can file for divorce on the ground of cruelty.

3. She can also file criminal charges for dowry harassment and recovery of her istridhan.

4. As long as she remains the lawfully wedded wife of her husband she has the right to stay in her matrimonial home. She can enforce this right by seeking a residence and protection order from the court, which if violated may result in her husband being jailed. 

5. She can also claim maintenance for her survival. This apart, she can seek compensation for the domestic violence suffered by her.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1) you can contact a local lawyer and furnish your instructions so that immediately on completion of 1 year divorce  petition can be filed .

2) your case does not become weak merely because her husband files for divorce before you do so . 

3) in case they file for divorce you have to deny the allegations made in petition and seek maintenance and other reliefs 

4) it is not necessary for your SIL to also file divorce petition
Ajay Sethi
Advocate, Mumbai
23235 Answers
1219 Consultations
5.0 on 5.0
1. Filing the divorce suit first does not give any advantage to any one,

2. If he files the divorce suit, your SIL should contest it fittingly,

3. She should also lodge a police complaint u/s498A of IPC, file DV acse claiming maintenance and residenbtial right and protection as suggested in my earlier post,

4. This way the groom party, being tired of attending courts, will expectedly offer mutual consent divorce with compensation.
Krishna Kishore Ganguly
Advocate, Kolkata
12106 Answers
231 Consultations
5.0 on 5.0
1. The courts do not administer justice on a first come first serve basis. As such, no advantage will accrue to your SIL's husband if he files the case before her.

2. If her husband agrees to mutual divorce then both of them may file for mutual divorce wherein your SIL and her husband can mutually agree on the amount of alimony, compensation, etc.

3. Your SIL can take recourse to her remedies under the law viz. to file a criminal case for dowry harassment and also seek compensation for the harassment meted out to her.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0

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